IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8534 of 2002 GANGA SINGH son of Late Awadh Singh, resident of Mohalla- Bharti Nagar, P. S. + Dist. Khagaria… .. Petitioner. Versus 1. THE STATE OF BIHAR 2. Under Secretary to the Government of Bihar Finance Department, Bihar, Patna. 3. The Chancellor, Universities of Bihar,Patna. 4. The Vice-Chancellor, T. M. Bhagalpur University, Bhagalpur. 5. The Registrar, T. M. Bhagalpur University, Bhagalpur. 6. The Principal, Koshi College, Khagaria. 7. The Accountant General Bihar, Patna. 8. The Chairman University Grants Commission, New Delhi. 9. The Secretary, Higher Education govt. of Bihar, Patna. .. Respondents. ----------- 5. 24.06.2010 Heard learned counsel for the petitioner, Mr. Ashok Kumar Keshari, learned counsel for Tilka Manjhi Bhagalpur University and Mr. Anjani Kumar Sarak, learned S. C. II for the State. The prayer in this writ petition of the petitioner reads as follows; “(i) Whether the respondent no. 5 and 5 are fully responsible to pay the amount of arrear of D. A. to the petitioner or not in spite of retirement since 31.12.1997? (ii) Whether the respondent no. 4 and 5 are fully responsible to pay the interest of the said amount of arrear of D. A. from 1988 to till day or not ?” When the case was called out yesterday after almost eight years of its 2 being filed, the counsel for the University as also the State in absence of their counter affidavit were not in a position to assist this Court. They again wanted the case to be adjourned. Considering that such indulgence given by this Court in the order dated 30.7.2002, 28.8.2002 and even on 21.5.2010 has not yielded any fruitful result, this Court had directed for personal appearance of the Director Higher Education and had also required Mr. Keshari to seek instruction in course of the day so as to apprise this Court with regard to the present state of affair as for the payments claimed in the writ petition. Pursuant thereto, Mr. Keshari has received instruction from the Registrar of the University by letter received through fax bearing No. 7018 dated 23rd June 2010, a copy whereof is kept on record of this case. From the said letter it now transpires that when Mr. Keshari had informed the authorities of the University, the payment was arranged and made to the petitioner by Cheque No. 641096 dated 23.06.2010 for a sum of Rs.1,57,196/- by 3 depositing the same in the account of the petitioner. In the said letter it has also been explained that the arrears of pension to the petitioner amounting to Rs.3,81,789/- was also paid by two cheques, both dated 23.6.2010. In the light of the said stand in the letter of the Registrar it has been claimed that there is no further dues left on the head of the dearness allowance and pension. This Court fails to understand as to what was the reason for not making such payment earlier to the petitioner and how could the payment be arranged only when this Court had taken the matter rather seriously. The fund was either available in the University or was not available but the fact that such payment could be made to the petitioner on the head of difference of D. A. itself will go a long way in showing the callousness and negligence attitude on the part of the authorities of the University in not even attaining to the grievance of the such employees whose cases are pending before this Court. This Court does not know as to 4 the plight of the remaining persons who cannot afford to be litigating before this Court for their genuine grievance. It is high time that the State Government must do something to ensure that the amount which is being sent to the University for making payment to the individual employees to be utilized for that very purpose. This Court would not like to say anything more in this regard for the present. Now when the major portion of the grievance of the petitioner stands redressed and Mr. Keshari also informs that the amount of interest of Rs.10,000/- as directed earlier to be paid to the petitioner in the order of this Court dated 19.7.2000 in CWJC No. 11366 of 1999 has already been paid. This Court must come to the conclusion that this writ petition has become infructuous. Before parting with this Court would only record the undertaking given by Mr. J. P. Singh, Director Higher Educatioin that counter affidavit of education department relating to the higher education in all the pending cases will be filed within a period 5 of three months and a compliance report will be sent to the Registrar of this Court. This writ petition is accordingly disposed of as having become infructuous. The personal appearance of the Director Higher Education is hereby exempted. kanchan (Mihir Kumar Jha, J.)