Dr.Ajit Kumar Singh And ANR v. The Vice-Chancellor,L.N.Mithil

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10004 of 2011 ======================================================

1. Dr.Ajit Kumar Singh, son of Late Uma Ranjan Bahadur Singh, resident of Madudabad, P.S. Mohiuddin Nagar, District-Samastipur.

2. Prof. Vashistha Narayan Singh, son of Late Raj Nandan Singh, resident of Sultanpur(East)P.S. Mohiuddin Nagar, District -Samastipur. .... .... Petitioners

Versus

1. The Vice-Chancellor, L.N.Mithila University Darbhanga.

2. The Registrar L.N Mithila University, Darbhanga

3. The Finance Officer, L.N Mithila University Darbhanga

4. The Principal R.B.S. College Andaur, Mohiuddin Nagar, Samastipur. .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Arun Kumar Bhagat For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 06-01-2016 Heard Sri Arun Kumar Bhagat, learned counsel for the petitioners and Sri Chandra Mohan Singh, learned counsel for the Respondents/ L.N.Mithila University Darbhanga.Learned counsel for the Respondents/L.N.Mithila University makes a prayer for adjourning the case for filing counter affidavit. The present writ petition was filed in the year 2011 with a prayer to direct the Respondents to pay entire arrears of salary and enhanced D.A., which was due from 1981 -82 to December,2005. The petitioner has also made a prayer for directing the Respondents to pay the due amount ,which according to the petitioners is Rs.9,39,052/- with interest. The writ petition was taken up firstly on

Patna High Court CWJC No.10004 of 2011 (3) dt.06-01-2016 2/3 14.02.2012, whereas it was adjourned to enable learned counsel for the Respondent/University to file counter affidavit. Till date no counter affidavit has been filed.

Keeping in view the nature of relief, sought for in the writ petition, the Court considers that it would not be appropriate to grant further time for filing counter affidavit. On perusal of the writ petition, it appears that the petitioners had also filed a representation before the Respondent no.1/ ViceChancellor, L.N.Mithila University, Darbhanga regarding their claims. Accordingly, the Court proposes to dispose of the writ petition granting liberty to the petitioners to file fresh representation before the Respondent no.2/ the Registrar, L.N.Mithila University, Darbhanga giving details of the same. If such representation is filed within a period of eight weeks from today, the Respondent no.2 is directed to examine the same and pass appropriate order in accordance with law.

If the claim of the petitioners is considered as genuine, the Respondent no.2 as well as Vice-Chancellor of the University/ Respondent no.1 are directed to take all steps for clearing the dues of the petitioners within a period of three months from the date of filing of such representation.

Patna High Court CWJC No.10004 of 2011 (3) dt.06-01-2016 3/3 no.2 shall pass a speaking order and communicate the same to the petitioners within the aforesaid time.

With above observation and direction, the writ petition stands disposed of.

(Rakesh Kumar, J) NKS/- U