IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3565 of 2004 DR.PRAFULLA CHANDRA YADAV, SON OF LATE KAMESHWAR PD. MANDAL, RESIDENT OF MADHIPURA, P.S. MADHIPURA, DISTRICT MADHIPURA……………………….PETITIONER VERSUS 1. THE B.N.MANDAL UNIVERSITY, LALOONAGAR, MADHIPURA THROUGH ITS REGISTRAR, B.N. MANDAL UNIVERSITY, LALOONAGAR, MADHIPURA 2. THE STATE OF BIAHR 3. THE COMMISSIONER-CUM-SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, (HIGHER EDUATION) GOVERNMENT OF BIHAR, PATNA 4. THE VICE CHANCELLOR, B.N.MANDAL UNIVERSITY, LALOONAGAR, MADHIPURA……………………………RESPODNENTS 4. 08.09.2009 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner has filed this writ application for a direction to the respondents University to pay his arrears of salary which has not been paid to him. A counter affidavit has been filed in this case by the authority of B.N. Mandal University in which claim of the petitioner has been accepted but it is stated that requisition has been sent to the State Government for release of the said amount. A counter affidavit has been filed by - 2 - the authorities of the State also in which they have taken stand that from time to time State Government has released grants-in-aid to the University for payment of dues of the employees. Learned counsel for the petitioner submits that besides the amount calculated by the University as admissible to the petitioner, petitioner’s claim has now to be calculated on the basis of the revised pay-scale admissible to him. He submits that petitioner will file a representation to the authorities of the University for the purpose which may be directed to be considered and disposed of within fixed time frame. Considering the above submissions of the learned counsels for the parties, this writ application is disposed of with liberty to the petitioner to file a fresh representation before the concerned respondent authority 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 separate paragraphs and must accompany documents connected with his service history and other documents/circulars/orders etc. on the basis of - 3 - which petitioner asserts his right to get the claims. 1. 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. 2. 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 - 4 - 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. 3. After calculating the arrears of the petitioner and the amount which became due to his, 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 shall release the amount which is found admissible as arrears to the petitioner within one month thereafter. 4. All consequential orders, in respect of - 5 - 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. 5. 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.)