IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12529 of 2009 Dr.Damodar Tiwary, Son of Late Yugal Tiwary, resident of Kamta Hostel Road, East of Prabunath Nagar, P.S.-Chapra Muffasil, District-Saran, retired Professor of Physics, J.P. University, Chapra. ………….Petitioner. Versus 1. The State of Bihar through the Principal Secretary, Human Resources Development Department, Government of Bihar, Patna. 2. The Principal Secretary, Human Resources Development Department, Government of Bihar, Patna. 3. The Vice-Chancellor, B.R.A. Bihar University, Muzaffarpur. 4. The Registrar, B.R.A. Bihar University, Muzaffarpur. 5. The Vice-Chancellor, Jai Prakash University, Chapra. 6. The Registrar, Jai Prakash University, Chapra. 7. The Finance Officer, B.R.A. Bihar University, Muzaffarpur. 8. The Finance Officer, Jai Prakash University, Chapra. 9. The Principal, Jai Prakash Mahila College, Chapra. ………..Respondents. ----------- For the Petitioner: Mr. Krishna Kant Singh, Adv. For the State : 1. Mr. Sunil Kumar Mandal, SC-15. 2. Dr. Abdu Shakur, Adv, AC to SC-15. 3/ 22.04.2010 Heard counsel for the petitioner, counsels representing J.P. University, B.R.A. Bihar University as well as the State. Petitioner has retired from the post of University Professor on 31 July, 2008. His grievance is that his arrears of difference of salary on account of the revision of salary in the U.G.C. Scale and other dues is not being paid by the respondent universities. Prayer is for a direction to the concerned respondents for making payment of his dues with statutory and penal interest. On 19.11.1969 the petitioner was appointed as Lecturer and joined R.N. College, Pandaul, Madhubani, at the relevant time, the college in question was under Bihar University. In the year 1992, J.P. University was constituted and the petitioner at that time had joined J.P.M. College, Chapra in the department of - 2 - Physics. Finally, he retired from that very college. The facts of the case indicates that the dues claimed by the petitioner is payable from two universities. The dues relating to period prior to 1992 is payable from B.R.A. Bihar University and subsequent dues from J.P. University. Counsel for the petitioner submits that as per his information all dues of the petitioner has been calculated by the concerned college and sent to the university. Considering this fact, without going into the merit of the claim of the petitioner, this application is being disposed of giving liberty to the petitioner for filing fresh representation along with his details of his entire claims before the Registrar of B.R.A. Bihar University as well as J.P. University. The Registrar of both the universities will consider the claim of the petitioner after verifying from the connected records. In case the claim of the petitioner is admitted in totality, steps will be taken for its payment to the petitioner without any delay. In case any of the claims of the petitioner is not admitted, a reasoned order will be passed. The petitioner is directed to file representation within one month from today. The Registrar of both the universities will dispose of the representation of the petitioner within two months from the date of filing of such representation. All payments of admissible dues must be paid to the petitioner within four months from the date of filing of the representation. In case there paucity of the fund, the Registrar of both the university will sent a - 3 - requisition to Principal Secretary (Higher Education), Human Resources Development Department, Government of Bihar, Patna. The Principal Secretary will release necessary funds in favour of the universities within one month from the date of receipt of the requisition. In no case, there should be delay in payment of dues of the petitioner for more than four months from the date of filing of the representation. Sanjeet/ (Mridula Mishra, J.)