IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7924 of 2009 Dr.Prof.Promod Kumar Sinha, S/o Late Binda Prasad, Resident of Katahalbari, Khangerpur, R.B. Sukhraj Rai Road Bhagalpur-1, P.S. Khangerpur, Dist. Bhagalpur-1. -------- Petitioner Versus 1. Tilka Manjhi Bhagalpur University, Bhagalpur. 2. The Vice-Chancellor, Tilkamanjhi, Bhagalpur University, Bhagalpur. 3. The Registrar, Tilkamanjhi, Bhagalpur University, Bhagalpur. ---------- Respondents ---------------------------------- 4 08.12.2011 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. That the petitioner prayed for issuance of a writ in the nature of MANDAMUS Commanding and directing the respondents concerned to grant and pay him Arrear of Salary adjustment as Professor (from old to New U.G.C. pay scale), Arrear of Salary adjustment as professor (from old to new U.G.C. pay scale), all kinds of D.A. (Dearness allowance) arrears (Central and Differed D.A. etc., Arrear of increased) D.A. of different times and other type of arrear as the petitioner retired from the service of Respondent state as professor Post Graduate Department of Zoology as on 2 31.01.1997 and as yet aforesaid retiral benefit and arrear has not been paid to him without any valid reason.” Counsel for the University has filed counter affidavit where a stand has been taken that the petitioner has been paid all his dues except a sum of Rs. 2,68,453/- on the head of arrear of salary for the period July, 1982 to June, 1997 and the same will be also paid to the petitioner as soon as the fund for this purpose is received from the State Government. In view of the detailed explanation given by the counsel for the University in its counter affidavit and also an admission to the stand that a sum of Rs. 2,68,453/- is still payable, this Court must dispose of this writ application with a direction to the competent authority of the University to make payment of the balance admitted amount of arrear of salary as noted above within a period of one month from the date such fund is made available to the University by the State Government. It is, however, made clear that if the petitioner establishes that any one in 3 the University service has already been paid the arrear of aforesaid period of July, 1982 to June, 1997 and would cite such example by giving details of the name of the person and date of its payment, the University will immediately make payment also to the petitioner. In any event such dues of the petitioner must be paid strictly in accordance with the date of his retirement without making any exception for any person. With the aforementioned observations and direction, this application is disposed of. Rsh (Mihir Kumar Jha, J.)