IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11684 of 2007 DR.INDIBAR MUKHERJEE son of late Prof. Gurudas Mukherjee, resident of Mohalla- Kunkun Singh Lane, Mahendru, P. O. Mahendru, P.S. Pirbahore, District Patna, presently posted as Reader, Postgraduate Department of English, Patna University, Patna. … Petitioner. Versus 1. THE STATE OF BIHAR 2. The Principal Secretary, Human Resources Development Department, Government of Bihar, Patna. 3. The Patna University, Patna through its Registrar. 4. The Vice-Chancellor, Patna University, Patna. 5. The Registrar, Patna University, Patna. 6. the Finance officer, Patna University, Patna. 7. The Head of Postgraduate Department of English, Patna University, Patna. … Respondents. ----------- 2. 28.07.2010 Heard learned counsel for the petitioner and learned counsel for the Patna University. The prayer of the petitioner in this writ petition reads as follows: “1. That this writ application is being filed for commanding the respondents to pay difference amount of salary and dearness allowance for the period 16.2.1991 to February, 1995 due to the petitioner in light of the entitlement slip issued by the Department of Higher Education, Government of Bihar vide letter no. 2338, dated 15.9.2000, as contained in Annexure-6 to this writ application. This writ application is also being filed for commanding the respondents to immediately pay the difference amount of pay and other allowances admissible to the petitioner in light of Notification Circulated vide 2 Memo No. 741/2006, dated 11.5.2006 issued under the signature of Registrar by the order of the Vice-Chancellor, Patna University, Patna. This writ application is also being filed for holding that the impugned non-payment of arrears of difference amount of salary as well as arrears of dearness allowance with interest due to the petitioner is illegal, arbitrary and without any lawful justification.” With regard to the aforementioned prayer, learned counsel for the petitioner would submit that when the University vide Annexure-12 has already admitted the claim of the deceased employee and has also sent requisition for release of fund of Rs.6,97,545/-, it would not augur well for the State to not release the fund. Unfortunately, there is no counter affidavit on behalf of the State nor any one has appeared to assist this Court on behalf of the State. In that view of the matter, this Court would direct the Director, Higher Education to look into the requisition sent by the University by Letter No. AC/L.C./1352 dated 4.12.2008 and take an immediate decision with regard to release of fund to the tune of Rs.6,97,545/- or any other amount to which the actually the petitioner is found entitled in course of such 3 verification by the State. This exercise must be completed within a period of 15 days from the date of receipt/production of a copy of this order by the State Government. It goes without saying that as soon as the fund for the same, is released and made available to the University, the payment thereof would also be immediately tendered to the petitioner within next fifteen days. With the aforementioned observations and directions, this writ petition is disposed of. kanchan (Mihir Kumar Jha, J.)