IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5170 of 2007 MANI SHANKAR PRASAD,S/o Late Kamla Prasad, Resident of House No. B-16, Sector 55, P.O. Sector -55, P.S. Sector-55 (Noida), District – Noida (U.P.) ---------- Petitioner Versus 1. THE B.R.A.BIHAR UNIVERSITY , Muzaffarpur through the Registrar of the University. 2. The Vice-Chancellor, B.R.A. Bihar University, Muzaffarpur. 3. The Registrar, B.R.A. Bihar University, Muzaffarpur. 4. The State of Bihar through the Secretary of Higher Education Department of Human Resources Development, Patna, Bihar. ----------Respondents ----------- 10 18.05.2011 Heard Sri Raghav Prasad, learned counsel for the petitioner, Sri Ram Narayan, learned A.C. to Standing Counsel No. 23, who appears on behalf of respondent no. 4/State of Bihar. The present case is running on the daily cause list for last whole week and case was being passed over regularly enabling Sri Rajendra Kumar Giri, learned counsel appearing on behalf of respondent nos. 1 to 3/B.R.A. Bihar University, Muzaffarpur, for filing composite counter affidavit. Even orally assurance was made that affidavit will be filed. However, till date no such affidavit has been filed on behalf of the University. The petitioner, who retired with effect from 30.6.1997 as University Professor, Department of Psychology, from B.R.A. Bihar University, Muzaffarpur, 2 has prayed for directing the respondents to make payment of all all his retiral dues. In this case, in 2008, a counter affidavit was filed on behalf of the respondent/University. In paragraph no. 3 of the counter affidavit it was stated as follows:- “That the petitioner in the present writ application seeks direction upon the respondents to make payment of his pre and post retiral dues. Pursuant to the order passed by this Hon'ble Court on 4th of August, 2008, the entire claims of the petitioner were examined by the University authorities and after due examination of the same and abstract of admitted dues on different heads were prepared in a chart copy of which was sent to the State Government for releasing individual money for payment to the petitioner. A chart of statement of pension difference arrear claim was also attached and sent to the State Government in which details were given yearwise.” From the aforesaid statement it is evident that the claim of the petitioner for retiral dues was not disputed. After filing of the said affidavit no further clarification has been made by the respondent/University 3 as to whether at any point of time the University received allocation of fund from the State or not. Nor it has been made clear by filing affidavit as to whether retiral dues of the petitioner has been paid or not. In view of the facts and circumstances, particularly, in absence of any further counter affidavit by the University despite granting several accommodations, the Court is of the opinion, that the writ petition can be allowed directing respondent no. 2/Vice-Chancellor, B.R.A. Bihar University, Muzaffarpur to make payment of all the retiral dues to the petitioner within a period of one month from the date of receipt/production of a copy of this order. It is made clear that the petitioner shall also be entitled to get interest at the rate which is applicable in the saving bank account of the nationalised bank. The writ petition stands allowed. Praful (Rakesh Kumar, J.)