Sushil Pathak v. The State Of Bihar

For Respondents L.N.M. University : Mr. Ajay Behari Sinha, Advocate AOR 03755 For the State : Mr. Shashi Priya Pathak,A.C. to A.A.G.7 ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 3 06-12-2012 Heard learned counsel for the petitioner and the respondent Lalit Narayan Mithila University as well as the State. Through this writ application, the petitioner seeks direction for payment of his unpaid arrears of salary on the post of Assistant Librarian, which has been 2 Patna High Court CWJC No.6447 of 2010 (3) dt.06-12-2012 not paid for the period commencing from 1.3.1987 to

31.5.1996 and again from 1.1.1997 to 31.7.2002 in the revised scale admissible to such post. The petitioner has superannuated service on 31.7.2002 itself and it is very unfortunate that, even after his retirement, such dues have not paid till date. However, learned counsel appearing for the Lalit Narayan Mithila University has taken a stand that now, since the University has received funds, the salary of the petitioner would be calculated and paid within a period four months receipt/production of a certified copy of this order. Accordingly, this writ application is disposed of with a direction to the University to pay the amount within the aforesaid period along with simple interest at the rate of 12% per annum in view of the fact that even the admitted dues of the aforesaid period has not been paid even after about ten years of the retirement of the petitioner. It is also made clear that while making such calculation, the abstract thereof must be supplied to the 3 Patna High Court CWJC No.6447 of 2010 (3) dt.06-12-2012 petitioner and in case the petitioner is not satisfied with the calculation having been made, he would be at liberty to approach the Registrar of the University by filing a detailed representation which should be disposed of in accordance with law within six months thereafter. N.H./- (Dr. Ravi Ranjan, J)