IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14509 of 2009 Suraiya Parveen, daughter of late Mushtaque Hussain, Resident of Tarini Prasad Lane, Patna City, Post Office Patna City, Police Station Khwaje Kalan, District Patna……………………………………………………………………………Petitioner Versus 1. The State Of Bihar. 2. The Director, Human Resources Department (Higher Education) Government of Bihar, Patna. 3. The Magadh University, Bodh-Gaya through its Registrar. 4. The Vice-Chancellor, Magadh University, Bodh- Gaya. 5. The Registrar, Magadh University, Bodh Gaya 6. The Principal, Oriental College, Patna City, Patna-8…………………………………………………………..Respondents ----------- For the Petitioner: Mr. Najmul Hoda, Advocate For the University: Mr. Vivekanand Kumar, Advocate For State: Mr. Shashi Bhushan Kumar, S.C. No.16. 6 20.09.2010 Heard learned counsel for the petitioner as well as learned counsel for the respondents. Petitioner, who claims to be a teacher of unaided Government College, has filed this writ application for a direction to the respondents for release of her salary for the period 11.04.1996 to 08.10.2002. It is the case of the petitioner that thereafter she is getting her salary but her salary of earlier period has remained due. In this regard learned 2 counsel for the petitioner has drawn attention of this Court to the letter of the Registrar of the University dated 07.11.2006, annexed as Annexure-4, by which recommendation has been made to the Director, High Education for release of the amount of salary in her favour after approval of service of the petitioner from the date the same was approved by the College Service Commission. Learned counsel for the University has pointed out that the petitioner has already filed a representation before the Secretary, Department of Secondary Education, Government of Bihar, Patna vide Annexure-3. Learned counsel for the petitioner submits that the authorities of the University and the Department are only shifting the responsibility on each other and are not taking final decision in the matter. The writ application was filed on 03.11.2009, but till today, no counter affidavit has been filed either by the University or by the State. 3 In the circumstances, this writ application is disposed of with the following directions:- 1. Petitioner must file a fresh representation before the Director, Higher Education, Government of Bihar, Patna within one month from today along with a copy of this order. The representation must contain all the claims of the petitioner distinctly and in separate paragraphs and must accompany documents connected with her service history and other documents / circulars / orders etc. on the basis of which petitioner asserts her 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 petitioner 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 4 matter within two months with his detailed consideration and definite opinion in respect of each claim to the competent authority 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. 5 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 said final order and issue of the said consequential orders. 5. The said final order must be served upon/communicated to the petitioner 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 claims of the petitioner on merits which shall be considered and decided by the respondents within the time fixed as above and strictly in accordance with law. BT (J. N. Singh, J.)