IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13961 of 2008 Dr.Satya Narayan Choudhary , Son of Late Jodhan Choudhary, resident of Mohalla- Shastrinagar, Road No.7, Munger, P.S. Kashim Bazar, Town and District- Munger ( Bihar) -- Petitioner Versus 1. The Tilkamanjhi Bhagalpur University, Bhagalpur through its Registrar. 2. The Vice-Chancellor, Tilka Manjhi Bhagalpur University, Bhagalpur 3. The Registrar, Tilka Manjhi Bhagalpur University, Bhagalpur 4. The Finance Officer, Tilka Manjhi Bhagalpur University, Bhgagalpur 5. The Principal, J.R.S. College, Jamalpur, District-Munger 6. The State of Bihar through the Chief Secretary, Government of Bihar, Old Secretariat,Patna 7. The Secretary, Department of Finance, Government of Bihar, Old Secretariat,Patna 8. The Secretary, Human Resources Development Department, Government of Bihar,New Secretariat,Patna 9. The Director, Department of Higher Education, Govt. of Bihar,Patna ----------------------------------- Respondents. ---------------------------------- 09 22-11-2011 Heard Sri Purusottam Kumar Jha, learned counsel for the petitioner, Sri Anil Singh, learned counsel appearing on behalf of the Respondent/ Tilka Manjhi Bhagalpur University, Bhagalpur as well as the Principal, J.R.S. College, and Sri Satyeshwar Prasad, learned A.C. to Govt. Pleader no.9 , who appears on behalf of the Respondent/State. The petitioner, who retired on 31.01.2003 as University Professor, had filed the aforesaid writ petition with a prayer to direct the Respondents to pay the retiral dues and also for granting merger of 50% dearness relief on his basic pension in terms of Government Resolution as well as interms of Judgment passed by a Division Bench of this Court. 2 In this case, affidavits were filed on behalf of the Respondent University. Along with Supplementary affidavit filed on behalf of the University on 23rd March,2009, the Respondent/ University has brought on record an order passed by the Registrar of the University , contained in Memo No.B/27/94-96 dated 07.03.2009. It was submitted by learned counsel for the petitioner that even the University in its order dated 7.03.2009 had admitted that there were certain outstanding dues, which were not cleared on the date of order passed by the Registrar of the University. On query , neither learned counsel for the University nor learned counsel for the petitioner was in a position to inform the Court as to whether the due amount indicated in the order dated 07.03.2009 has been paid or not. In such situation, the Court is of the opinion that the writ petition can be disposed of with an observation that if the amount indicated in the order i.e. 07.03.2009 passed by the Registrar of the University is still outstanding, the same must be paid within eight weeks from the date of receipt/production of a copy of this order. So far as the prayer for merger of 50% of dearness relief, there is no reason to deny the same since the issue has already been decided by this Court in L.P.A.No.434 of 2008 ( Prof.( Dr.) Ram Dinesh Sharma Vs.Tilka Manjhi Bhagalpur University & Ors.) on 23rd July, 2008. Learned counsel for the petitioner further submits that in view of L.P.A. Court’s order, 3 this Court has repeatedly allowed such relief, particularly in C.W.J.C.No.3616 of 2010( Dr. Himanshu Bhushan Vs. Tilka Manjhi Bhagalpur University & Ors.) and other connected writ petition disposed of on 3.12.2010. Learned counsel for the Respondents does not dispute the fact that the issue has already been decided by this Court. Accordingly, the writ petition regarding the relief for merger of 50% of dearness relief stands allowed in terms of order passed in Prof.( Dr.) Ram Dinesh Sharma’s case (supra) as well as Dr. Himanshu Bhushan’s case ( supra). NKS/- ( Rakesh Kumar, J.)