IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9415 of 2007 Nageshwar Kumar Bharti, son of late Ghuran Bharti, resident of Mohalla New Tarachak, P.O. Danapur Cantt., P.S. Danapur, District Patna … Petitioner Versus 1. The State Of Bihar through the Secretary, Human Resources Development (Higher Education) Department, Govt. of Bihar, New Secretariat, Patna 2. Secretary, Human Resources Development Department, Govt. of Bihar, New Secretariat, Patna 3. Magadh University, Bodh Gaya through its Registrar 4. The Vice Chancellor, Magadh University, Bodh Gaya 5. The Registrar, Magadh University, Bodh Gaya 6. The Finance Officer, Magadh University, Bodh Gaya 7. The Principal, J.D. Womens College, Bailey Road, Patna … Respondents ---------------------------------- 2. 14.10.2011 Heard counsel for the petitioner and the counsel for the State. No one appears for the Magadh University. The prayer of the petitioner in this writ application is for issuance of a direction to the respondents for making payment of arrears of salary i.e. difference of salary since 1982-83 and other allowances including the amount of undeposited P.F. Normally such cases which have piled up before this Court relating to payment of arrears of salary and emoluments of the employees of different Universities are capable of being disposed of if the counter affidavits are filed by the respondents. In this case there is no counter affidavit on behalf of the Magadh University and the affidavit which has been filed by the State of Bihar without serving copy of the same on the counsel for the petitioner only states that dues of the petitioner on being verified came to a sum of Rs. 4,37,914/- and that such amount ought to have been paid by the University in view of release of fund made on 16.8.2010, wherein Magadh University was given a sum of Rs. 2 Surendra/ 61,53,59,318/- only for making payment of arrears of salary of the employees of the University. Had the counsel for the University been present and/or the University could have filed its counter affidavit meeting the aforementioned stand of the respondent State of Bihar the things could have become easier and the petitioner could have got a final relief. Unfortunately that does not seem to be attitude of the respondents State of Bihar and Magadh University. Be that as it may, this Court would direct the Registrar of the Magadh University to examine the grievance of the petitioner and if the amount as shown in the counter affidavit of the State of Bihar to the tune of Rs. 4,37,914/- duly audited by the Chartered Accountant has not been paid as yet to the petitioner, the same must be paid within a period of one month from the date of receipt/ production of a copy of this order. It goes without saying that if the petitioner is also entitled for any further amount beyond the aforementioned sum of Rs. 4,37,914/- that also must be paid to the petitioner strictly in accordance with the priority list if at all maintained by the University. Since the petitioner appears to be still continuing in service, his other emoluments to which he is legally entitled will also be paid strictly in accordance with law as and when the said amount is paid to his fellow colleagues. With the aforementioned observation and direction, this application is disposed of. (Mihir Kumar Jha,J.) 3