IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11559 of 2009 SUDESHWAR SAHU Versus THE STATE OF BIHAR & ORS ----------- 2. 05.11.2009 Heard the counsel for the petitioner and the counsel appearing for the state as well as Magadh University. Petitioner has prayed for a direction to the respondent- authorities of the Magadh University for making payment of arrears of salary amounting to Rs 5,31,436.62/- which are the dues relating to the period September, 1980 to May, 2005. Petitioner’s case is that the Principal of the college has duly verified the claim of the petitioner and recommended for payment by sending a recommendation letter to the university. Despite this fact, the university is not taking any action for payment. Counsel appearing for Magadh university is present. He has not denied regarding the entitlement of the petitioner. It is also admitted fact that a requisition was sent regarding the payment to the petitioner and similarly situated persona and requisite fund has already been released by the State Government for this purpose. However, payments are not being made as along with the release order, a letter has been issued by the Secretary, Higher Education, Govt. of Bihar where a clause has been put that in case payment is made to any teaching or non-teaching staffs without there being any audit report, they will have to face consequences and criminal cases may be instituted against them. This plea is being taken by 2 the counsel appearing for the Magadh University since last year. The period for which the petitioner and similarly situated persons are claiming their arrears of salary, is much earlier to the date when such an instruction was issued by the Secretary, Higher Education. I do not find any reason for not making payment of genuine and legal claim of the petitioner, when considering such claim; the fund has already been released by the state. There is no valid ground for not making payment to the petitioner and others. This writ application is being disposed of giving direction to the Vice Chancellor as well as the Registrar of the Magadh University to make payment of entire arrears of salary to the petitioner. Petitioner is also directed to submit his fresh claim by way of filing representation before the Registrar of the university within two weeks from today. On submission of such claim, entire payment should be made to the petitioner by the university without any delay preferably within four weeks, AKV/ (Mridula Mishra, J.)