IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2992 of 2008 Md. Mojibur Rahman, S/o Late Abdul Hakeem, Resident of Village – Daudpur, P.O. – Bajpatti, P.S. – Bajpatti, District – Sitamarhi (Bihar) ……….. Petitioner Versus 1. The B.R.A. Bihar University through the Registrar of the University, Muzaffarpur. 2. The Vice-Chancellor, The B.R.A. Bihar University, Muzaffarpur. 3. The Registrar, the B.R.A. Bihar University, Muzaffarpur. 4. The State of Bihar through the Secretary of the Higher Education Department of the Human Resources Development of Bihar, Patna. ……………… Respondents ---------------------------------- 12 12/09/2011 Heard Sri Manoj Kumar Yadav, learned counsel for the petitioner, Sri Shankar Kumar Chaudhary, learned AC to Standing Counsel No. 4, who appears on behalf of Respondent No. 4/State. None appeared on behalf of Respondent Nos. 1 to 3. The writ petition was filed in the year 2008 and it was heard on several dates. Earlier an affidavit was filed on behalf of the University on 14th November, 2008 indicating therein that the University had already sent requisition to the State authorities for clearing all the retiral dues of the petitioner. The claim made by the petitioner has not been disputed by the University in its earlier counter affidavit. The writ petition was again taken up on 17/08/2011. On that date, Sri Rajendra Kumar Giri, learned counsel appearing on behalf of Respondent/B.R.A. Bihar University had made a prayer to adjourn the case for two weeks for filing counter affidavit regarding clearance of claim of the petitioner. However, the prayer for adjournment made by Sri Giri was refused and the case was running on the daily cause list continuously. On 30/08/2011, none appeared 2 on behalf of the Respondent/B.R.A. Bihar University. As a last indulgence, the case was adjourned again for the day. Today again, none appeared on behalf of the University. Nor any fresh counter affidavit has been filed. It has not been clarified as to whether all the retiral dues of the petitioner have been paid or not. Learned counsel for the petitioner submits, that till date, full retiral dues have not been paid, only part payment has been made. Learned counsel for State, on instruction submits, that as per requisition, fund has already been allocated to the University by the State authority. In view of stand taken by the parties as well as non filing of specific counter affidavit by the University, the court is of the opinion that the writ petition can be allowed even in absence of any detailed affidavit of the Respondent-University. The petitioner had retired on 30/11/2001 as ‘Reader’, Department of Economics, R.S.S. Science College, Sitamarhi. Since retiral dues were not paid to the petitioner, he was constrained to approach this court by filing the present writ petition in the year 2008. Thereafter, an affidavit was filed by the University, wherein, the University had made specific statement that claim of the petitioner was examined and abstract of admitted dues under different heads was prepared in charts and was sent to the State for releasing fund. The admitted charts were enclosed as ‘Annexures – 3 A & B’ to the counter affidavit of the University. In view of the admitted position, the Respondent- University, particularly Respondent No. 2 /Vice-Chancellor, B.R.A. Bihar University, Muzaffarpur as well as Respondent No. 3/Registrar, B.R.A. Bihar University, Muzaffarpur are directed to take all steps for clearing all the remaining admitted retiral dues of the petitioner within a period of eight weeks from the date of receipt/production of a copy of this order. Keeping in view the fact that the University despite refusal of prayer for adjournment had dragged the matter for a long time and also none appeared on behalf of the University on number of occasions, the court is of the opinion that in such situation cost must be imposed on the University, and as such, a cost of Rs. 10,000/- is imposed on the University which is to be paid to the petitioner within eight weeks from the date of receipt/production of a copy of this order. The University would be at liberty to recover the amount of cost from the erring officer/employee of the University. It goes without saying that the petitioner shall be entitled to get interest at the rate of 6 % per annum on all his retiral dues on the ground of delayed payment. Interest is to be calculated on the dues till the date of payment. With above observation and direction the writ petition stands allowed. Praful (Rakesh Kumar, J.)