IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15808 of 2006 RAMESH PRASAD MAHTO, S/O LATE RAM BILAS MAHTO, R/O MOHALLA KATHARBANNI, POLICE STATION ROSERA, DISTRICT SAMASTIPUR. …………………………..PETITIONER. Versus 1.THE STATE OF BIHAR THROUGH THE COMMISSIONER CUM SECRETARY, DEPARTMENT OF HIGHER EDUCATION, GOVERNMENT OF BIHAR, PATNA. 2.THE COMMISSIONER CUM SECRETARY, DEPARTMENT OF HIGHER EDUCATION, GOVERNMENT OF BIHAR, PATNA. 3.L.N. MITHILA UNIVERSITY, THROUGH ITS REGISTRAR, DISTRICT DARBHANGA. 4.THE VICE CHANCELLOR, L.N.MITHILA UNIVERSITY, DARBHANGA. 5.THE REGISTRAR, L.N. MITHILA UNIVERSITY, DARBHANGA. ……………………RESPONDENTS. ----------- 03/ 18.07.2011 Heard counsel for the parties. In this writ application, the prayer of the petitioner is for payment of arrears of salary in the revised UGC pay scale of Rs. 16400/- to 22,400/- w.e.f 01.01.1996 to 31.08.2001. Though the respondents have been given sufficient indulgence by this Court for a period of nearly five years to explain their stand in this regard but no counter affidavit has been filed till today and the counsel for the University has again come out to make a prayer for adjournment for a further period of four weeks. In the considered opinion of this court, such prayer of the learned Counsel of the 2 University is wholly misconceived, inasmuch as, if the officials of the University do not find it necessary to file their counter affidavit, any accommodation to them by this Court will be only a wastage of time. This Court would therefore, direct Vice- chancellor of the University to consider the grievance of the petitioner and take his final decision within a period of three months from the date of receipt/production of a copy of this order and if it is found that the petitioner’s claim is admissible his payment of arrears of salary should also be made to him strictly in accordance with the priority list under which the date of retirement of the person concerned has to be made the guiding principle. With the aforementioned observation and direction, this application is disposed of. Ranjan (Mihir Kumar Jha, J)