IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No.11033 of 2011 ====================================================== Smt. Lalmuni Devi, Wife of Late Rameshwar Mandal, Resident of Mohalla – Chhoti Keshopur, Police Station – Jamalpur, District – Munger. .... .... Petitioner Versus 1. The State Of Bihar 2. The Secretary, Higher Education, Department of Human Resources and Development, Government of Bihar, Patna. 3. The Tilka Manjhi Bhagalpur University, Bhagalpur through its Vice Chancellor. 4. The Vice Chancellor, Tilka Manjhi Bhagalpur University, Bhagalpur. 5. The Registrar, Tilka Manjhi Bhagalpur University, Bhagalpur. 6. The Finance Officer, Tilka Manjhi Bhagalpur University, Bhagalpur. 7. The Principal, Murarka College, Sultanganj, Bhagalpur. .... .... Respondents ====================================================== 2 12-07-2011 Heard Sri Abdul Mannan who was assisted by Sri Suman Kumar, learned counsel for the petitioner, Sri Krishna Chandra, learned AC to Advocate General, who appears on behalf of respondent nos. 1 & 2 and Sri Ashok Kumar Keshri, learned counsel appearing on behalf of respondent nos. 3 to 6/Tilka Manjhi Bhagalpur University, Bhagalpur. The petitioner's husband, who was 'Lab- Boy' in the Department of Botany, Murarka College under Bhagalpur University had retired on 31.12.1995 and subsequently on 18.11.2005 died . The petitioner has prayed for directing the respondents for grant of following reliefs: I. Arrears of difference of pension and relief of her deceased husband for the period 1.1.1996 to 18.11.2005 on account of revision of pay scale w.e.f. 1.1.1996 along with the benefit of merger of 50% D.A. in the basic pension w.e.f. 01.01.2005. II. Arrears of family pension and relief for the period November 2005 to December 2006. III. Arrears of difference of family pension and relief for the period January 2007 to uptil now on account of revision of pay scale of 01.01.1996 & 01.01.2006 alongwith the benefit of the merger 50% D.A. in the basic family pension. IV. Arrears of difference of salary and D.A. of her deceased husband for the period March 1989 to December 1995. V. Arrear of encashment of leave salary of her deceased husband for 120 days. VI. The statutory as well as penal interest @ 18% per annum on the aforesaid dues from the date it became due. Learned counsel for the petitioner submits that so far revision of pension / family pension as well as merger of 50% dearness relief on basic pension are concerned the issue has already been settled by this court in number of cases including CWJC No. 3616 of 2010 (Dr. Himanshu Bhushan Vs T.M. Bhagalpur University, Bhagalpur & Ors.) and other connected writ petitions disposed of on 03.12.2010. Learned counsel for the respondents are not in a position to dispute the fact that aforesaid issue has been decided by this court in Dr. Himanshu Bhushan's case (Supra). Accordingly, the writ petition so far revision of pension in the light of Govt. Resolution No. 820 dated 23.09.2009 and merger of 50% dearness relief with effect from 01.01.2005 on the basic pension is concerned is allowed in terms of order passed in Dr. Himanshu Bhushan's case (Supra). So far other reliefs are concerned, with the consent of parties the writ petition is being disposed of granting liberty to the petitioner to file a fresh representation before respondent no. 4/Vice Chancellor, Tilka Manjhi Bhagalpur University, Bhagalpur within a period of six weeks from today. If such representation is filed respondent no. 4 is required to examine the same and pass appropriate order in accordance with law redressing the grievances of petitioner within a period of four months from the date of filing of such representation. If respondent no. 4 considers the claim of petitioner as genuine he is required to pass order for payment within aforesaid time. Even in case of refusal respondent no. 4 is required to pass speaking order and communicate the same to the petitioner within aforesaid time. The court expects that if requisition is sent by the University for releasing the fund for the purposes of redressing the grievance of petitioner the respondent/State will take all steps for releasing the fund without any delay. With above observation and direction the writ petition stands disposed of. PRAFUL (Rakesh Kumar, J)