IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8826 of 2007 AYODHYA SINGH, SON OF SIDHESHWARI PRASAD SINGH, RESIDENT OF VILLAGE KARJAM, P.S. ATRI, DISTRICT GAYA AND AT RPESENT POSTED AT DEPARTMENT OF MATHEMATHICS, S.N. SINHA COLLEGE, POLICE STATION JEHANABAD AND DISTRICT JEHANABAD………………………PETITIONER VERSUS 1. THE STATE OF BIHAR THROUGH THE SECRETARY, HUMAN RESOURCES DEPARTMENT (HIGHER EDUCATION), GOVERNMENT OF BIHAR, PATNA 2. MAGADH UNIVERSITY THROUGH ITS REGISTRAR, BODH GAYA 3. VICE CHANCELLOR, MAGADH UNIVERSITY, BODH GAYA 4. REGISTRAR, MAGADH UNIVERSITY, BODH GAYA 5. FINANCE OFFICER, MAGADH UNIVERSITY, BODH GAYA…………………………………………….………RESPONDENTS ----------- For the petitioner : M/s Partha Sarty, kumar Vikram & Arvind Kumar, Advocates For the University : Mr. Binay Kant Mani Tripathi, Advocate *** 2. 09.09.2009 Heard learned counsel for the petitioner and learned counsel for the State and also learned counsel for the Magadh University. Petitioner in this writ application has prayed for a direction to the respondents for payment of his arrears under different heads as mentioned in paragraph 1 of the writ application. It is submitted by learned counsel for the petitioner that a letter annexing the statement of arrears of salary of the petitioner has already been sent by the Principal of S.N. 2 Sinha College, Jehanabad to the Finance Officer of Magadh University vide Annexure-1. This writ application was filed on 23.07.2007. However, no counter affidavit has been filed on behalf of the respondents, in spite of passage of more than two years, to show that the claim of the petitioner has been considered and/or denied by the competent authority or has even been considered. Learned Counsel for the University is also not in a position to contend that the claim of the petitioner is in active consideration or has been considered and disposed of by the competent authority by now in any manner. In the circumstances, in view of delay caused in the case, this Court has no option but to dispose of this writ application with the following directions:- 1. Petitioner must file fresh copy of representation (annexed as Annexure-2 with the writ application) or a fresh representation before the Finance Officer, Magadh University, Bodh Gaya within one month from today along with a copy of this order. The representation must contain all the claims of the petitioner distinctly and in 3 separate paragraphs and must accompany documents connected with his service history and other documents/circulars/orders etc. on the basis of which petitioner asserts his right to get the claims. 2. The concerned respondent, upon receipt of the representation, with a copy of this order, shall immediately take it into consideration, and, if necessary, after hearing the petitioner in person or through representative, as he may feel proper, shall pass final orders within three months of the receipt of the same. In case the concerned respondent is not the competent authority to pass final orders in the matter, he shall refer the matter within two months with his detailed consideration and definite opinion in respect of each claim to the competent authority for passing final orders in the matter, who, after hearing anyone and after examining any records as he may deem necessary, shall pass final orders in the matter within one month from the date of receipt of reference from the concerned respondent. 4 3. The final order of the concerned respondent or of competent authority or the reference order of the concerned respondent sent to the competent authority must show that (i) each and every claim of the petitioner has been noticed; (ii) each and every claim has been separately considered and a definite finding/opinion has been arrived at in respect of each and every claim with regard to its admissibility or inadmissibility and (iii) all the relevant laws/circulars/orders etc. in respect of each and every claim have been taken into consideration for its acceptance or rejection by the said final order. 4. After calculating the arrears of the petitioner and the amount which became due to him, if the University feels that due to paucity of fund it cannot release the amount to the petitioner, it shall make specific requisition for the amount in respect of particular dues of the petitioner from the State Government within the same period and upon receipt of such requisition, the State Government authorities of the Department of Higher Education shall scrutinize the same and 5 shall release the amount which is found admissible as arrears to the petitioner within one month thereafter. 5. All consequential orders, in respect of the admitted claims, must also be issued along with the passing of the final order, and payments of any consequential monetary benefits must be ensured within one month of the passing of the said final order and issue of the said consequential orders. 6. The said final order must be served upon/communicated to the petitioner within the said three months and it must clearly mention the grounds and findings for rejecting any claim with reference to specific law/circular/order for coming to that finding. It goes without saying that this Court has not gone into the claims of the petitioner on merits which shall be considered and decided by the respondents within the time fixed as above and strictly in accordance with law. B.T (J.N. Singh, J.)