Ram Nirbhay Singh and Others vs The State of Bihar and Others

Narayan Roy, J.—Heard counsel for the parties. The petitioners are making grievance for payment of their legally payable dues, as enumerated in paragraph No. 1 of the writ application.

It is contended by counsel for the petitioners that the petitioners used to be paid ad hoc salary from time to time, and, therefore, they are entitled for rest of the salary and other benefits, as enumerated in paragraph 1 of the writ application. It is also submitted that the petitioners for redressal of their grievances have already filed a composite representation before the Vice-Chancellor of L.N. Mithila University vide annexure 2 as far back as in the year 2000, but till date the same has not been disposed of nor the dues as claimed by them have been paid.

This Court seeing the grievance of the petitioners directed the University counsel vide order dated 31.3.2006 to take instruction and file a counter affidavit but till date no counter affidavit has been filed. Mr. Matin, counsel for the University, submitted that he has already communicated the University authority for necessary instruction in the matter, but till date he has not received any intimation from the University authorities.

The claim of the petitioners appears to be genuine, which, in my opinion, requires due consideration by the Vice-Chancellor.

Regard being had to the facts and circumstances of the case, the Vice-Chancellor of L.N. Mithila University, is directed to consider the representation of the petitioners, as referred to above, and pass necessary speaking order in accordance with law within a period of six weeks from the date of receipt/production of a copy of this order. In case, the Vice-Chancellor of the University would be satisfied that the dues, as claimed by the petitioners, are yet to be paid, he shall issue necessary direction for payment of the same forthwith and not beyond a period of four weeks from the date of disposal of the representation.

The representation since has not been disposed of by the Vice-Chancellor and the matter ultimately came to this Court wherein no counter affidavit has been filed, this order will be subject to payment of cost of Rs. 1,000/- (rupees one thousand) payable by the Vice-Chancellor to the petitioners. With the direction/observation aforesaid, this application is disposed of.