IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1758 of 2003 1.DR.RAJ KUMAR SINGH son of Sri Shatrughan Prasad singh 2.Dr. Rabindra Nath Jha, son of Chandrakant Jha 3.Upendra Narain Singh son of Late Shishupal Singh 4.Sri Indradeo Singh son of Late Mahendra Prasad 5.Sri Nand Kishore Prasad Singh son of late Ram Narain Sah 6.Sri Indu Shekhar Singh son of Sri Ram Pukar Singh All are Lecturers/Readers in R.B.S. College, Andaur, Mohiuddin Nagar, Samastipur. Versus 1.THE STATE OF BIHAR 2.The Lalit Narayan Mithila University, through the Vice Chancellor, Kameshwar Nagar, Darbhanga. 3.The Vice Chancellor Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga (Bihar). 4.The Principal R.B.S. College, Andaur, Mohiuddin Nagar, Samastipur. ----------- 3 26.7.2010 Heard counsel for the petitioner and counsel for the Lalit Narayan Mithila University. Prayer of the aforesaid six petitioners holding the substantive post of Lecturer/Reader in R.B.S. College, Andaur, Samastipur (hereinafter referred to as the College) reads as follows:- “That this application is filed seeking relief for issuance of writ in the nature of writ of Mandamus, Commanding and directing the Respondent authorities to make payment of differential pay on the basis of scales recommended by University Grant commission, certain allowances and other dues for the period 1981 to 2001 with interest to the petitioners which they have become entitled to receive and for issuance of any other appropriate writ or writs as may be deemed fit and proper.” Learned counsel for the petitioner in this regard would rely on the individual salary fixation statement prepared by the Principal of the College and would submit that such claim of the 2 petitioners is an admitted claim and therefore a direction should be issued for payment of amount shown in the statement of the principal of the college. Counsel for the University as usual has no instruction and therefore he has also not filed counter affidavit. The claim of individual teachers like the petitioners for payment of arrears of salary by way of difference of pay in U.G.C. scale has an element of entitlement. Such entitlement has been under serious consideration of the State Government which now has undertaken itself the task of verification of such claim of individual teachers. Counsel for either of the parties are not aware of the subsequent events which has taken place after filing of the writ petition on 14.2.2003. In that view of the matter, this Court would direct the Director, Higher Education as also the Registrar of the University to look into grievance of the petitioners and for this purpose the petitioners are directed to file their individual representations setting out their claim which has sought to be agitated in this writ application. Upon filing of such representation by the petitioners the same will be examined by the Registrar of the University and would be forwarded to the Director, Higher Education, who after getting it verified will decide entitlement of the4 petitioners. It is expected that this exercise will be completed within a period of six 3 months from the date of filing of the representation by the petitioners enclosing not only copy of this order but also the relevant documents to support their claim. It goes without saying that in the event the petitioners are found entitled for payment of their salary or emoluments in the revised U.G.C. pay scale, actual payment thereof would also be made to them within the next three months of such order of the State Government. Let it be made clear that this Court in absence of relevant materials has not decided merits of the case and therefore it is open to the respondents to take an appropriate decision strictly in accordance with law. With the aforementioned observation/direction this application is disposed of. Abhay Kumar ( Mihir Kumar Jha, J.)