IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2714 of 2005 SUNIL KUMAR son of Late Jamuna Prasad resident of c/o Dr. Jagdeo Prasad, 45, Guru Sahay Lal Nagar, Magistrate Colony, Patna- 8000025…. Petitioner. Versus 1. THE STATE OF BIHAR 2. The Vice-Chancellor, Tilkamanjhi, Bhagalpur University, Bhagalpur. 3. The Registrar, Tilkamanjhi, Bhagalpur University, Bhagalpur. 4. The Deputy Registrar, Tilkamanjhi Bhagalpur University, Bhagalpur. 5. The Finance Officer, Tilkamanjhi Bhagalpur University, Bhagalpur. … Respondents. ----------- 3. 02.08.2010 Heard learned counsel for the petitioner and learned counsel for Tilkamanjhi, Bhagalpur University. The prayer of the petitioner in this writ petition reads as follows: “(a) Writ of Mandamus be issued for commanding the respondents to pay regular salary to the petitioner in pay scale of Rs.1500-2750 as approved by the Government, with effect from his date of joining i.e. 6.7.2002. (b) the respondents be further directed to handover the regular charge / allot the prescribed work in writing to the petitioner in University office where he has been posted and attending the office regularly.” With regard to the aforementioned prayer, learned counsel for the petitioner has referred to the documents annexed with this writ petition for satisfying this Court that the appointment of the petitioner was made in a valid manner after undergoing the selection by 2 complying the mandate of Articles 14 and 16 of Constitution of India. He has further relied on the Government communication showing approval of the proposal of the University. He has accordingly submitted that there is no justifiable reason for not making payment of salary to the petitioner. Counsel for the University has no instruction in the matter though this writ petition was filed on 25.2.2005. While this Court is not surprised with such usual negligent attitude of the University and must record its displeasure it cannot leave the petitioner in lurch who is suffering on account of inaction of the University. The petitioner is waiting before this Court for more than five years for getting an authenticative pronouncement on the issue of non-payment of his salary. As the University has not filed counter affidavit, this Court is also not aware of the reasons for non-payment of the salary of the petitioner. In such circumstances, this Court would direct the Vice-Chancellor of the Tilkamanhi Bhagalpur University to pass an order on the pending representation of the petitioner dated 15.6.2006 as contained in 3 Annexure-14 to this writ petition immediately. It goes without saying that if the Vice- Chancellor would find that the petitioner was entitled for payment of salary, he would also direct for release of fund for making payment of both arrear and current salary at least for the period in which the petitioner had worked on the post. If the Vice-Chancellor would reject such claim of the petitioner either in part or as a whole, he must give his reasons for the same and communicate the same to the petitioner within a period of six months from the date of receipt/production of a copy of this order. With the aforementioned observation and direction, this writ petition is disposed of. kanchan (Mihir Kumar Jha, J.)