PROF.KRISHNA NAND CHOUDHARY v. THE STATE OF BIHAR & Ors

they have been heard together and are being disposed of by this common order. In all these writ applications the grievance(s) of the petitioner(s) are with regard to payment of their retiral dues along with other emoluments incidental thereto besides other claim which according to the petitioner(s) they are entitled to get. In some of the cases it has been alleged that despite representing for the same the respondent authorities have not considered and disposed of the claim of the petitioner(s) and in the above circumstances, petitioner(s) have been compelled to approach this Court by filing writ applications. No counter affidavit has been filed on behalf of the University as yet in any of the case. It has been submitted on behalf of the petitioner - 6 - that for redressal of the grievance(s) of the petitioner(s) this Court may permit file separate representation/ fresh representation giving details of the claim before the respondent Vice Chancellor of the University within a period of four weeks from today along with the certified copy of the present order as well as the copy of the relevant documents in support of the claim as also in respect of those claims which have not been raised in these writ applications, but have accrued in favour of the petitioner. In the matter, representation(s) is filed within the aforesaid period, the respondent-Vice Chancellor shall consider/re-consider the grievance(s) of the petitioner(s) and dispose of the same by a speaking order in accordance with law expeditiously preferably within a period of three months on receipt of such representation(s). In case the representation of the petitioner(s) favour, the respondent-Vice Chancellor further order(s)/direction(s) forthwith within a period of six thereafter so the grievance(s) of petitioner(s) could be redressed without delay. It is further directed that upon consideration of the representation(s), if any claim is found not admissible as per the rule, the Vice Chancellor shall indicate the - 7 - reasons for declining the claim in the order to be passed on the representation. While passing such order the aforesaid authority shall also consider with regard to payment of reasonable interest over the amount which was found payable, but could not be paid earlier. The order(s) passed on representation shall be communicated the petitioner(s) by post under registered cover. Learned counsel appearing for the respondent- University submits that although the claim of the petitioner(s) may be correct and justified, but even then for want of sufficient fund, they may not be in position to make payment of the admissible dues of the petitioner(s) unless necessary is released by the State Government. In this connection, the concerned authority of the University is directed to send immediately fresh requisition after the same is duly audited and verified by the auditor deputed by the State Government in the University for clearing the outstanding dues of the claims pursuant to the decision on the representation(s) of the petitioner(s). The requisition shall be made to the Secretary, Higher Education, Government of Bihar, Patna, who shall arrange immediately for release of the fund on receipt of the requisition after the same is being - 8 - examined and if found not already released shall release as per the rule. It is expected that the concerned authority shall dispose of the representation as early as possible and not necessarily by the time limit fixed by this Court. All the above noted writ applications are disposed of with the above observation(s)/direction(s). Let a copy of this order be handed over to the learned counsel appearing for the University and to the Advocate General, Bihar, Patna for the needful. Manish/- ( Shailesh Kumar Sinha,J.)