IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4372 of 2007 SIDHARTH KUMAR SINGH Versus THE STATE OF BIHAR & ORS ----------- 07/ 08.04.2010 Heard Mr. Ajay Kumar Singh for the petitioner, Ms. Sujata Mukherjee for the Veer Kunwar Singh University and its authorities and Mr. Shashi Shekhar, assisting counsel to S.C. 20 for the State. The petitioner is the son of late Udai Narayan Singh who died in harness on 21.3.2005 while holding the post of Office Assistant. The non-payment of the post retiral benefits led to the filing of the writ petition. The writ petition has gone through the stages of the issuance of show cause to the authorities of the University for delay in the payment of the post retiral benefits of the petitioner and after consideration thereof the contempt arising therefrom was disposed of. According to the University the entire post retiral and other dues as found admissible to the petitioner had since been paid to him. Mr. Ajay Kumar Singh, learned counsel appearing on behalf of the petitioner disputes this position and submits that on an incorrect premise that the fixation of pay of the father of the petitioner was on an incorrect scale, that the respondents have effected recovery of the alleged excess salary drawn by 2 him. He submits that in fact no excess salary was drawn by the father of the petitioner and in which view the recovery of an amount of almost Rs. 71,000/- is without authority of law. He further submits that the action of the authorities leading to recovery is also unsustainable on grounds of violation of the principles of natural justice, as the same has been carried out without notice or opportunity of hearing to the person concerned. He thus submits that not only the petitioner is entitled for refund of the salary amount but is also entitled for refund of the provident fund amount which has been incorrectly adjusted against these dues. As the said developments have taken place during the course of pendency of the proceedings and the foundational facts leading to the adjustment are not before me, no useful purpose would be served in keeping this writ petition pending before this Court. Having considered the accompanying circumstances as noted hereinabove, this writ petition is disposed of with a liberty to the petitioner to raise his claim before the respondent Registrar of the Veer Kunwar Singh University together with supportive documents and calculative details establishing his claim for refund of the withheld amount of difference of salary as also with regard to the provident fund claim and the admissible interest thereon. The claim advanced on behalf of the petitioner is to be considered by 3 the Registrar of the University and is to be disposed of after giving a personal hearing to the petitioner either through himself or his authorized representative. Needless to add that if the petitioner has been able to make out claim for refund of the amounts in question, by way of arrears of salary and the provident fund amount together with interest thereon, the same should be paid to him. In case, the claim advanced on behalf of the petitioner is not found admissible the same should be disposed of by a reasoned order. In either of the situation the issue is to be decided by the Registrar of the University within a period of three months from the date of receipt/production of a copy of this order. The writ petition is disposed of. S.Sb/- (Jyoti Saran, J.)