IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2746 of 2007 RAMASHISH SINGH son of Late Khobhari Singh, resident of New Area (Opposite of Employment Exchange), Post office-Dalmia Nagar, Police Station Dehri, District-Rohtas Versus 1. VEER KUER SINGH UNIVERSITY, Arrah through its Registrar, University Campus at Arrah in the District of Bhojpur. 2. The Chancellor, Universities of Bihar State Governor’s House, Patna. 3. The vice-Chancellor, Veer Kuer Singh University, University Campus, Arrah in the District of Bhojpur. 4. The Finance Officer, Veer Kuer Singh University, University Campus, Arrah in the District of Bhojpur. 5. The Principle, Jawahar Lal Nehru College, Dehri-on-Son at Dehri, in the District of Rohtas. ----------- 7 11.02.2010 I.A.No. 1311 of 2010 The interlocutory application has been filed for substituting the name of original petitioner, Ramashish Singh who has since expired during the pendency of the present proceeding. It is stated that the original petitioner expired on 17.11.2009 leaving behind his widow, Sachchi Rani Singh and his only son Ajay Kumar Singh who are interested in pursuing the present proceeding. The Interlocutory application is allowed. Let the name of the original petitioner, Ramashish Singh be expunged from the proceeding and be substituted by the name 2 of his widow Sachchi Rani Singh and his son Ajay Kumar Singh. Mr. Binod Bihari Singh, learned counsel for the petitioner and Mr. Vinay Kirti Singh, learned counsel for the University are present. The admitted position is that almost the entire post retiral dues and other dues as found admissible to the husband of the petitioner late Ramashish Singh has since been paid during the pendency of the proceeding. The petitioner, however, questions the quantum of arrears of pension received by the petitioner and complains of non payment of 55 % of the U.G.C. arrears. Mr. Vinay Kirti Singh, learned counsel representing the University submits that on account of delay by the State Government in releasing the fund for payment of the said claim of the petitioner and similarly situated employees, the University has not paid the said amount. He further submits that no sooner the funds are made available by the State Government that the said payment would be made to the petitioner. Learned counsel for the petitioner with reference to a calculation chart placed at 3 Annexure-2 of the writ petition which is a representation filed by the original petitioner before the Vice Chancellor, contends that the said chart was prepared by the Principal, J.L.N. College, Dehri-on-Sone and according to the said calculation the petitioner was entitled to a sum of Rs. 3,19,873/- against his claim for arrears of pension calculated until July, 2006. Learned counsel further submits that as against the said claim the petitioner has received an amount of Rs. 2,92,000/- against the said head and thus she is entitled to receive a further amount of Rs. 27,873/- towards arrears of pension. Learned counsel for the University submits that the matter was examined and the petitioner was not found entitled to any further amount against the said arrears. Be that as it may, taking into consideration that the detail of calculation of the pension arrears of late Ramashish Singh, the original petitioner herein was made by the principal of the College and is enclosed with Annexure-2 to the writ petition and the admitted position is that the petitioner has received only Rs. 2,92,000/- against the said 4 claim,hence the matter requires reconsideration at the level of the University. The writ petition is thus disposed of with a liberty to the petitioner to represent before respondent No.1, the Registrar of the University in support of her claim of Rs. 27,873/- being the balance amount of arrears of pension with supportive documents and which shall be considered by the Registrar of the University and disposed of in accordance with law and if the same is found admissible, then the payment should be made to the petitioner within a period of three months from the date of filing of such representation. Needless to add that if the claim is not found admissible the same should be rejected by a speaking order. In so far as the claim of 55% of the U.G.C. arrears is concerned, taking into consideration the financial aspect of the matter, the University is granted six months time from today to redress the grievance of the petitioner. The writ petition stands disposed of with the direction aforesaid. Bibhash (Jyoti Saran, J. )