IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12723 of 2009 1. Shree Kant Choudhary, S/o Late Kunjo Choudhary, resident at-Jankichak, P.O.-Temtha, Via-Parbatta, District-Khagaria. 2. Dr. Pradeep Narayan Singh, S/o Late Surya Narayan Singh, resident at- Bajrang Chowk, N.H.-31, P.S.-Maranga, District-Purnia, presently posted as Reader in the subject of Economics, K.M.D. College, Parbatta, Khagaria. 3. Smt. Geeta Bhagat, D/o Sri Muktinand Bhagat, resident at-Maraiya Bazar, P.O.-Pipra Latif Khagaria, presently posted as Reader in the subject of Philosophy, K.M.D. College-Parvatta, Khagaria. 4. Dr. Vijay Kumar, S/o Late Bhola Poddar, resident at-Urdu Bazar, Ashanasur Road, P.O.-Naya Bazar, District-Bhagalpur, presently posted as Reader in the subject of Zoology, K.M.D. College, Parbatta, Khagaria. 5. Sudhir Choudary, S/o Late Anuplal Choudhary, resident at-Dhamdaha (North Tola), P.O.-Dhamdaha, District-Purnia, presently posted as Reader in the subject of English, K.M.D. College, Parbatta, Khagaria. 6. Yogendra Hazari, S/o Madan Mohan Hazari, resident at+P.O.-Dumariya Buzurg, District-Khagaria, presently posted as Reader in the subject of Botany, K.M.D. College, Parbatta, Khagaria. 7. Umesh Pd. Singh Akela, S/o Late Ranbijay Singh, resident at- Kalai, P.O.- Baronia, P.S.-Harpur, District-Munger, presently posted as Reader in the subject of Hindi at K.D.S. College, Gogari. ………….Petitioners. Versus 1. The State of Bihar. 2. The through the Principal Secretary, Human Resources Development Department, Government of Bihar, Patna. 3. The Vice-Chancellor, T.M. Bhagalpur University, Bhagalpur. 4. The Registrar, T.M. Bhagalpur University, Bhagalpur. 5. The Finance Officer, T.M. Bhagalpur University, Bhagalpur. 6. The Principal, K.M.D. College, Parbatta, Khagaria. 7. The Principal, K.D.S. College, Gogari. ………..Respondents. ----------- 3/ 22.04.2010 Counsel for the petitioner is permitted to implead the Principal, K.D.S. College, Gogari as respondent no. 7. Prayer of the petitioners is for a direction to the respondent authorities to make payment of arrears of difference of salary for the period 1.7.1982 to 31.7.2005 under the different heads such as arrears of salary, H.R.A, D.A., Medical Allowance etc. petitioners have also prayed for interest on the - 2 - dues. Petitioner No. 1 to 6 are working in K.M.D. College, Parbatta, District-Khagaria, petitioner no. 7 is working at K.D.S. College, Gogari, Jamalpur. Their case is that the entire dues payable to them have been calculated by the Principal of the Colleges and sent to the University for its’ payment. Petitioners have also individually represented before the university pursuant to the direction issued vide ACC-1164 dated 22.08.2008 but till date, there is no response from the university, showing any inclination to make payment of arrears of their dues. The time was allowed to the counsel appearing for State for filing counter affidavit, but, till date, it has not been filed, as such, it is proper that the writ application be disposed of, giving direction to the respondent authorities to make payment of arrears of dues of the petitioner with regard to which they have already represented before the university, as per the direction of the university. Since, the representation of the petitioner is already pending before the university, the Registrar and the Vice-Chancellor of the university is directed to consider the representations filed by the petitioners and verify the claims of the petitioner and make payment of entire dues admissible to the petitioners. The representation of the petitioners must be considered and disposed of within eight weeks from the date of - 3 - production/communication of this order. In case any of the claims of the petitioners is disputed, a reasoned order must be passed by the respondent –university. In case the university is facing any monetary crunch, requisition must be sent by the Registrar of the University to the Principal Secretary (Higher Education), Human Resources Development Department. The Principal Secretary, on receipt of such requisition, will release the fund in favour of the university, within one month from the date of the receipt of the requisition. In any case, there should be delay for more than three months in deciding the claims of the petitioners in making payment of the entire dues to the petitioners. Sanjeet/ (Mridula Mishra, J.)