IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2917 of 2002 1. DR.SHEO BALAK SINGH, SON O LATE BHAGWAN SINGH AT PRESENT RESIDING AT FLAT NO.258/2, VEER SHIVAJEE PATH, NORTH SHRIKRISHNAPURI, POLICE STATION SHRIKRISHNAPURI, DISTRICT PATNA-800013. 2. DR.MOHAN PRASAD, SON OF SRI HARIHAR PRASAD SINHA, RESIDENT OF MOHALLA NEW YARPUR, D.V.C. ROAD, P.S. JAKKANPUR, DISTRICT PATNA-800001 3. DR. DEELIP KUMAR SHARMA, SON OF LAT RAMESHWAR DUTTA SHARMA, RESIDENT OF CHANDRA NIKETAN, LAW COLLEGE ROAD, P.S. PIRBAHORE, DISTRICT PATNA 4. DR. KAMESHWAR PRASAD SINGH, SON OF SRI TILAKDHARI SINGH, RESIDENT OF A/31, ASHOKPURI, KHAJPURA, P.S. SHASTRINAGAR, DISTRICT PATNA 5. DR. OM PRAKSSH NARAYAN, SON OF LATE SHEO NANDAN SINHA, RESIDENT OF J-37, PEOPLES CO-OPERATIVE COLONY, LOHIANAGAR, P.S. KANKARBAGH, DISTRICT PATNA 6. DR. VINOD KUMAR RAI, SON OF SRI HARI SHANKAR RAI, RESIDENT OF B-7, ABHIYANTA NAGAR, NEAR ASHIANA NAGAR, P.S. SHASTRINAGAR, DISTRICT PATNA 7. DR. GULAB CHANDRA PRASAD ‘ABHAY’, SON OF LATE RAM NAGINA PRASAD, RESIDENT OF GHAGHA GHAT LANE, OPPOSITE MALAERIA OFFICE, KUSHWAHA COLONY, MAHENDRU, PATNA- 800006……………………………PETITIONERS Versus 1. THE STATE OF BIHAR 2. THE SECRETARY, HIGHER EDUCATION DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 3. THE MAGADH UNIVERSITY, BODH-GAYA THROUGH ITS REGISTRAR 4. THE VICE-CHANCELLOR, MADGADH UNIVERSITY, BODH GAYA. 5. REGISTRAR, MAGADH UNIVERSITY, BODH-GAYA 6. THE FINANCE OFFICER, MAGADH UNIVERSITY, BODH GAYA 7. THE BUDGET AND ACCOUNTS OFFICER, MAGADH UNIVERSITY, BODH GAYA 8. THE PRINCIPAL, T.P.S. COLLEGE, PATNA……………………………………………………….RESPONDENTS. ----------- - 2 - 3. 21.08.2009 Heard learned counsel for the petitioners and learned counsel for the State. Petitioners have filed this writ application for direction to the respondents to pay arrears of their salary of the period when they were posted as Readers/Lecturers in T.P.S. College, Patna as well as payment of arrears of revised salary and leave salary. When the case was taken up on 14.3.2002, respondents were directed to file counter affidavit in this case within four weeks. However, in spite of passage of more than seven years, nothing has come on records of this case, by way of counter affidavit or otherwise, to show that the claim of the petitioners has been considered and/or denied by the competent authority or has even been considered. Learned Counsel for the respondents is also not in a position to contend that the claim of the petitioners is in active consideration or has been considered and disposed of by the competent authority by now in any manner. In the circumstances, in view of delay caused in the case, this Court has no option but to dispose of this writ application with the - 3 - following directions:- 1. Petitioners must file a fresh copy of representation (annexed as Annexure-10 series with this writ application) or a fresh representation before the concerned respondent within one month from today along with a copy of this order. The representation must contain all the claims of the petitioners distinctly and in separate paragraphs and must accompany documents connected with their service history and other documents/circulars/orders etc. on the basis of which petitioners assert their right to get the claims. 2. The concerned respondent, upon receipt of the representation, with a copy of this order, shall immediately take it into consideration, and, if necessary, after hearing the petitioners in person or through representative, as he may feel proper, shall pass final orders within three months of the receipt of the same. In case the concerned respondent is not the competent authority to pass final orders in the matter, he shall refer the matter within two months with his detailed consideration and definite opinion in respect of each claim to the competent authority - 4 - for passing final orders in the matter, who, after hearing anyone and after examining any records as he may deem necessary, shall pass final orders in the matter within one month from the date of receipt of reference from the concerned respondent. 3. The final order of the concerned respondent or of competent authority or the reference order of the concerned respondent sent to the competent authority must show that (i) each and every claim of the petitioner has been noticed; (ii) each and every claim has been separately considered and a definite finding/opinion has been arrived at in respect of each and every claim with regard to its admissibility or inadmissibility and (iii) all the relevant laws/circulars/orders etc. in respect of each and every claim have been taken into consideration for its acceptance or rejection by the said final order. 4. All consequential orders, in respect of the admitted claims, must also be issued along with the passing of the final order, and payments of any consequential monetary benefits must be ensured within one month of the passing of the - 5 - said final order and issue of the said consequential orders. 5. The said final order must be served upon/communicated to the petitioners within the said three months and it must clearly mention the grounds and findings for rejecting any claim with reference to specific law/circular/order for coming to that finding. It goes without saying that this Court has not gone into the claim of the petitioners on merits which shall be considered and decided by the respondents within the time fixed as above and strictly in accordance with law. B.T (J.N. Singh, J.)