IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11003 of 2005 BINOD BIHARI PRASAD SINHA Versus THE STATE OF BIHAR & ORS ----------- For the petitioner : Mr Prabhu Nath Roy,Sr. Advocate Mr Rahul Parashar, Advocate For the State : Mr Amresh Kumar Sinha, JC to GP 15 For the University : Mr A.B.Sinha,Advocate -0------ : : re 2. 10.07.2008 Heard the learned Counsel for the petitioner, learned Counsel for the State and the learned Counsel for the University.. The petitioner who retired on 30.9.2000 as a Professor in the Department pf Physics at R.D.S.College, Muzaffarpur under the Bhim Rao Ambedkar Bihar University is before this Court with certain claims of his service benefits and post retirement benefits. A counter affidavit has been filed on behalf of the University quantifying the claim and eligibility of the petitioner and a proposal in that regard is stated to have been sent to the State Government for release of funds on 25.8.2007 as modified on 4.5.2008. What remains thereafter is purely an administrative issue unless question of eligibility and entitlement arise on the proposal sent to the State Government by the University. The counter affidavit of the State Government does not raise any such disputes of eligibility and entitlement but only seeks to assert that it has been releasing funds from time to time to the University and it is for the University to manage its finances. To this Court those in respect of whom there are Court orders for payment and those with respect to whom there are no Court orders for payment fall in separate category. As noticed above unless issues of eligibility and entitlement are involved the matter becomes purely administrative. The respondents seek to throw the administrative burden on the High Court. The High Court refuses to take on such burden. The writ petition is therefore disposed with direction to the State Government to examine the proposal of the University sent with regard to the petitioner within a maximum period of two months from the date of receipt and/or production of a copy of this order. If the State Government has any questions with regard to the eligibility and entitlement of the petitioner it shall make a query to the University within the period of two months and the University shall be bound to furnish replies to the State Government within a period of one month from the date that the query is made by the State Government. On completion of this exercise let the admitted dues of the petitioner be paid to him within a maximum period of two months thereafter. This Court expects that in the light of the observations as above with regard to those who may have come to the Court and those who may not have come to Court the State Government shall pass appropriate orders so that the petitioner is not allowed to suffer in the administrative wrangle between the State Government and the University. If the exercise is not completed within a period of three months as above between the State Government and the University both of them shall be exposing themselves to the risk of proceeding in contempt. Snkumar/- (Navin Sinha,J.)