D.G.R. Patnaik, J. - (1.) IT is really unfortunate that an issue, which this Court on the basis of the submissions of the learned Counsel for the Respondent -State as also of the learned Counsel for the Respondent -University, had considered to have been almost settled, continues to vex and the respondents response to the demand of the present seven petitioners, in this writ application, continues to elude. In the supplementary counter affidavit, filed by the Respondent -Ranchi University, it has been acknowledged that the funds, which the State Government has released, has no doubt been received by the Ranchi University but considering the fact that it was intended to be disbursed to the 3 constituent colleges and 1 N C.C. College, the total amounts assessed at Rs. 2,46,84,969/ - has accordingly been debited in the account of the Registrar, Nilambar Pilambar University. Learned Counsel for the Ranchi University submits that while allotting the funds, the State Government did not specifically state that the claim of the present seven writ petitioners should be met from the amounts disbursed and therefore, the Ranchi University could not possibly disburse the amounts separately to the present seven petitioners straightaway and whatever payments which need to be made, has to be done only by the concerned authorities of the Nilambar Pitambar University of which the N.C.C. College, to which the present petitioners belong, happens to be a constituent College. Learned Counsel refers in this context to Annexure -4, which is the pay order issued under the directions of the Vice -Chancellor of the Ranchi University addressed to the Registrar, Nilambar Pitambar University.
(2.) IN response to a specific query as to why, while allotting the funds to the Ranchi University, was it not indicated that out of the funds allotted, the claim of the petitioners also needs to be met, learned Counsel for the Respondent -State would refer to some Rules and Regulations of the University and submit that this is not the usual procedure and the funds are allotted in lump -sum as per the requisition received from the Ranchi University. Learned Counsel adds that nevertheless, in the counter affidavit filed on behalf of the Respondent -State, a categorical statement has been made that out of the funds allotted, the amounts which corresponds to the claim of the petitioners, are also included. In the light of the aforesaid declarations made by the Respondent -State in the counter affidavit, there appears no confusion at all to draw the inference that out of 0f the funds allotted by the State Government, which has now been received by the Registrar of the Nilambar Pitambar University through the Ranchi University, the demand for the U.G.C. arrears of the petitioners is also to be met.
(3.) UNDER the circumstances, the Registrar of the Nilambar Pitambar University shall ensure that the amounts payable to the petitioners as has been assessed by the Ranchi University and forwarded to the Director, Higher Education, by a covering letter dated -04.05.2009, be paid to the petitioners within two weeks from the date of" this order. For ready reference, the petitioners may produce a copy of the letter containing the assessment of the amount payable to the petitioners, as made by the Respondent Ranchi University, before the Registrar of the Nilambar Pitambar University.;