IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7518 of 2008 Syed Afzal Hassan, Son of Late Syed Raza Hassan, Retired Reader, Urdu Department, S.G.G.S. College, Patnacity, having his present address at 403 , Nasheman Apartment, Salimpur Ahra, South Gandhi Maidan, District – Patna 800003……………………… Petitioner Versus 1. The Magadh University through its Registrar, Bodh Gaya, Gaya. 2. Vice Chancellor, Magadh University, Bodh Gaya, Gaya. 3. Finance Officer, Magadh University, Bodh Gaya, Gaya. ……….. Respondents ---------------------------------- 14 25.10.2011 Heard Sri Amit Prakash, learned counsel for the petitioner and learned counsel appearing on behalf of respondent no. 1 to 3 / Magadh University, Bodh Gaya. The present writ petition was filed in the year 2008 with a prayer to direct the respondents to pay entire arrears of salary with effect from 1986 as well as pay balance of all retiral dues after fixing the pay of the petitioner in appropriate scale in the light of recommendation made by S.C. Agrawal Commission. In this case earlier a counter affidavit was filed and recently in this case a counter affidavit on behalf of University has been filed on 20.10.2011 wherein it has been indicated that all the retiral dues in the scale of Lecturer was already paid to the petitioner and thereafter vide the order dated 30.08.2010 the petitioner was promoted as ‘Reader’ with effect from 01.02.1985. It has been specifically stated in the counter affidavit that pay fixation and fresh calculation of pre and post retiral dues are under process. Learned counsel for University submits that in view of statement in the counter affidavit it is evident that University is taking steps for fixation and re-calculation. 2 Learned counsel for the petitioner while referring the statement made in rejoinder to the counter affidavit which was filed earlier has submitted that the petitioner is suffering from cancer and as such he is in urgent need of money. In view of the facts and circumstances, particularly the statement made in the counter affidavit, the court is of the opinion that writ petition can be disposed of. In view of the statement made in the counter affidavit as well as the fact that the petitioner is a patient of cancer, while disposing of the writ petition it is desirable to direct the respondents to take all steps so that pay fixation and fresh calculation pursuant to the order dated 30.08.2010 whereby the petitioner has been promoted as ‘Reader’ may be done within a period of eight weeks from the date of receipt / production of a copy of this order and all the dues must be cleared within aforesaid time. With above observation and direction the writ petition stands disposed of. Praful ( Rakesh Kumar, J.)