IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1250 of 2008 MD. SAMI AHMAD,S/O Late Imtiaz Ali, resident of Pokharia, Ward No.29, P.O-Begusarai, P.S. Begusarai, District-Begusarai, a superannuated employee as a Reader from Co-operative College- Begusarai, a constituent unit of L.N. Mithila University, Darbhanga -------- Petitioner. Versus 1. THE STATE OF BIHAR 2. Sri Anjani Kumar Singh, the Principal Secretary, Human Resources Development Department, Govt. of Bihar, New Secretariat, Bailey Road,Patna 3. Dr.Mishri Lal Thakur, presently posted as Vice Chancellor, Lalit Narayan Mithila University, Darbhanga. 4. Sri Naresh Kumar Jha, presently posted as Registrar, Lalit Narayan Mithila University, Darbhanga 5. Sri Ashok Kumar Karn, presently posted as Finance Officer, Lalit Narayan Mithila University, Darbhanga 6. Sri Pramod Kumar Chaudhary, Principal, Co-operative College, Begusarai. --------------- Opp.Parties. ----------- 06 02-12-2009 Learned counsel for the petitioner, counsel for the Respondent University and learned counsel for the State are present. The petitioner raises a grievance that the order dated 26.9.2007 of this Court passed in C.W.J.C.No.11638 of 2007 has not been complied with, and as such, Opp.parties have violated the order of this Court. A show cause has been filed and is placed on record. This Court having heard the parties disposed of the said writ application in the following terms: - 2 - “If such a representation is filed in the manner stated above, the concerned respondent shall consider the grievances of the petitioner and pass reasoned order within six weeks therefrom. If the order disposing of the representation admits payment of the dues to the petitioner, it should be paid to the petitioner within a further period of six weeks therefrom.” Learned counsel appearing on behalf of the University submits that on getting representation from the writ petitioner, the dues payable to him upon revision of the post retiral benefit was quantified as Rs.5,08,248. Details are set out in Annexure-A of the said show cause. From Annexure-A, it further appears that the matter was, thereafter, referred to the State Finance Auditor deputed in the University. The matter was scrutinized by the said Committee, whereafter it was found that the petitioner was entitled to payment of a sum of Rs.3, 58,115/- only. It is admitted position at bar that the said amount has already been paid to the petitioner. Learned counsel for the petitioner tries to convince this Court with reference to the different documents placed by way of rejoinder to the show cause that the Auditor had absolutely no authority in law to - 3 - fix the pay scale of the petitioner. Referring to paragraph 7 of the rejoinder, it is submitted that still there are some dues to be paid to him on account of the post retiral payments as the fixation was made without jurisdiction. Details of the dues, as per the petitioner, are set out in paragraph 7 of the rejoinder. Having regard to the nature of the order passed on the writ application of the petitioner, this Court is of the view that the issues now being raised by the petitioner cannot be gone into in contempt jurisdiction. The petitioner, if so advised, may approach appropriate forum for redressal of the these grievances, if any. This Court does not propose to pursue the present application any more. The application is, accordingly, disposed of. NKS/- ( Kishore K.Mandal, J)