IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7366 of 2011 KAILASH PRASAD, S/O LATE BASUDEO MAHTO, RESIDENT OF NARAYANPUR, P.O. AND P.S. – BARBIGHA, DISTT. SHEIKHPURA. ……… PETITIONER Versus 1. THE STATE OF BIHAR, THROUGH PRINCIPAL SECRETARY, HIGHER EDUCATION, BIHAR, PATNA. 2. THE VICE CHANCELLOR, TILKAMANJHI BHAGALPUR UNIVERSITY, BHAGALPUR. 3. TILKAMANJHI BHAGALPUR UNIVERSITY, BHAGALPUR THROUGH ITS REGISTRAR, DISTRICT – BHAGALPUR. 4. THE AUDITOR, TILKAMANJHI BHAGALPUR UNIVERSITY, BHAGALPUR. 5. THE AUDITOR, FOR THE STATE OF BIHAR POSTED AT TILKAMANJHI BHAGALPUR UNIVERSITY, BHAGALPUR. 6. THE PRINCIPAL, S.K.R. COLLEGE, BARBIGHA, P.S.- BARBIGHA, DISTRICT – SHEIKHPURA. ……… RESPONDENTS ----------- 2 26.04.2011 Heard Sri Ajay Mukherjee, learned counsel for the petitioner, Sri Prabhu Narayan Sharma, learned A.C. to Advocate General, who appears on behalf of respondent nos. 1 & 5/State of Bihar and learned counsel appearing on behalf of respondents/Tilka Manjhi Bhagalpur University, Bhagalpur. The petitioner, who retired with effect from 31.01.1997 as Professor, Department of Philosophy from S.K.R. College, Bargibha under Tilka Manjhi Bhagalpur University, Bhagalpur, has prayed for directing the respondents to pay his retrial dues in view of U.G.C. scale (revised pay scale) and further direction to pay (a) arrear of difference amount of pension as per U.G.C. Scale, 1996 (revised pay scale) from February 1997 to July 2005 (b) 2 arrear of pension for the period of March 2003 to July 2005 (between that period pension for only three months has been paid to the petitioner), (c) arrear of difference amount of salary as per U.G.C. scale (revised pay scale) from July 1982 to January 1997, (d) arrear amount of 50% merger of D.A., (e) arrear amount of un-deposited provident fund, (f) other admissible dues attached to the post concern, with statutory admissible interest. So far as merger of 50 % dearness relief is concerned, the issue has already been clarified by this court in C.W.J.C. No. 3616 of 2010 (Dr. Himanshu Bhushan Vs Tilka Manjhi Bhagalpur University, Bhagalpur & Ors). Accordingly, so far as merger of 50 % dearness relief in his pension is concerned, same is allowed in terms of order dated 3.12.2010 passed in C.W.J.C. No. 3616 of 2010. In respect of other reliefs, it was submitted by learned counsel for the petitioner that the petitioner may be granted liberty to file a fresh representation before respondent competent authority. In view of the facts and circumstances, the writ petition in respect of remaining reliefs is disposed granting liberty to the petitioner to file a fresh representation before respondent no. 2/the Vice-Chancellor, Tilka Manjhi Bhagalpur University, Bhagalpur, within a period of three 3 months from today. If such representation is filed, respondent no. 2, is required to examine the same and pass appropriate order in accordance with law, redressing the grievances of the petitioner. If respondent no. 2, considers the claim of the petitioner as genuine, he is required to pass order for clearing the dues. Even in case of refusal, respondent no. 2, is directed to pass speaking order within aforesaid time. It is made clear that petitioner shall be entitled to get admissible statutory interest on delayed payment. The writ petition stands disposed of. Praful ( Rakesh Kumar, J.)