IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2438 of 2009 DR.DEVENDRA PRASAD CHOUDHARY Versus THE STATE OF BIHAR & ORS ----------- 2. 20.2.2009 Heard counsel for the petitioner and counsel for Mithila University as also the counsel for the State. The grievance of the petitioner in this writ application is for payment of certain retirement benefit. The details thereof can be found in paragraph 9 which is quoted hereinbelow: “I. Arrears of pension in revised scale from Oct. 2003 to Feb. 2004. II. Arrears of difference of pension from March 2004 to Jan.2006. III. Amount of gratuity at enhanced rate. IV. Amount of Earned leave of 180+45 days. V. Amount of Group Insurance at the rate of 12.5% compound interest though 4% simple interest has been paid. VI. Arrears of difference of salary w.e.f. 1.1.96 due to revision of pay in new U.G.C. scale to 30.9.03. VII. Salary of September 1996 which has not been paid to the petitioner.” 2 Surendra/ From the same it would be clear that while Item No.I to Item No.V can be strictly called to be retirement benefit, Item Nos. VI and VII are not the items of retirement benefit. This Court, therefore, would restrict this writ application only in respect of Item No.I to Item No.V, quoted above, and would direct the University to pay the admitted dues to the petitioner strictly in accordance with the date of retirement within a period of six months. It is also made clear that till the time the State Government extends benefit for the enhanced pay scale, the petitioner must be paid his retirement benefit on the basis of last salary drawn but the admitted amount of Item No.I to Item No.V, as stated above, must be paid to the petitioner within a period of six months. It goes without saying that the petitioner will be entitled for only statutory interest. With the aforementioned observation, this application is disposed of. (Mihir Kumar Jha,J.) 3