IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3912 of 2005 Garga Charya Jha, Son of late Upendra Jha, Resident of Tetri, Police Station Balia, District Begusarai at present working as Lecturer in Shri Shankar Sanskrit Up-Shashtriya Mahavidyalaya, Sahpur, Police Station Muffasil, District Begusarai. ------- Petitioner Versus 1. The Kameshwar Singh Darbhanga Sanskrit University, Kameshwar Nagar, Darbhanga through Registrar, Kameshwar Singh Darbhanga Sanskrit University, Kameshwar Nagar, Darbhanga. 2. The Vice-Chancellor, Kameshwar Singh Darbhanga Sanskrit University, Kameshwar Nagar, Darbhanga. 3. The Registrar, Kameshwar Singh Darbhanga Sanskrit University, Kameshwar Nagar, Darbhanga. 4. The Finance Officer, Kameshwawr Singh, Darbhanga Sanskrit University, Kameshwar Nagar, Darbhanga. 5. The Secretary, Governing Body, Sri Shankar Up-Shashtriya Mahavidyalaya Shajpur. 6. The State of Bihar through Secretary, Higher Education, Bihar, Patna. ----------- Respondents ----------- 3 28.07.2010 No one appears on behalf of the petitioner. Counsel for the University is present. The prayer of the petitioner in this writ application reads as follows:- “1(i)That for a direction to the respondents to give the arrears of salary due since June 1988 to June 1996 and arrears of salary for the month of July 1987 to November 1987 and January 1997 to the petitioner along with statutory interest.” From a bare reading of the representation filed by the petitioner addressed to the Registrar as contained in 2 Annexure-5 and the order of the Registrar dated 24.1.2002, it would appear that the payment of arrear of salary of the petitioner has not been made primarily on account of non-availability of fund in P.L. Account. This Court, in absence of the counter affidavit of the respondent University and the State, is not in a position to put a final word as to whether the University is correct or the State is to be held responsible for non-release of fund for payment of arrear of salary to the petitioner. Normally, when the University budget being approved year to year and the corresponding funds are also being released by the State Government it would not be possible to accept the plea of the University as taken in Annexure-6, the order dated 24.1.2002 that fund only for the purpose of payment of salary of the petitioner in particular was not available. This aspect of the matter, however, has to be gone into by the Secretary of the Higher Education Department and therefore, if the petitioner would file a representation 3 along with a copy of this order, the Secretary will hold an enquiry and find out as to whether the fund for payment of salary of the petitioner was ever released by the Government to the University and if he would find that it was not released, he would direct for sending of such amount to the University after examining the entitlement of the petitioner. In case he would find that such fund was already released and has not been paid to the petitioner, he would direct the University to pay the same as also take necessary action against the erring officials of the University as is permissible in law. With the aforementioned observation and direction, this application is disposed of. Rsh (Mihir Kumar Jha, J.)