IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5562 of 2005 RAMAYAN PRASAD SINGH Versus THE STATE OF BIHAR & ORS ----------- 05/ 12-09-2008 Heard learned counsel for the petitioner and learned counsel for the University. After filing of the counter affidavit, rejoinder, supplementary affidavit, rejoinder to the supplementary counter affidavit, the grievances of the petitioner now are with regard to remaining arrears of difference of salary on account of revision of pay scale; leave encashment for remaining period claimed by him and merger of D.A. to the extent of 50 percent as per judgment of this Court passed by a Division Bench on 23rd of July, 2008 in LPA No.434/2008 and grant of interest on Group Insurance amount at the rate of 12½ percent as per judgment of this Court reported in 2006(4) PLJR 369. So far as differential amount of arrears of salary is concerned, learned counsel for the University 2 submits that a requisition has already been sent to the State Government and payment shall be released to the petitioner from the next allotment received by the State Government. So far as leave encashment is concerned, learned counsel for the University has drawn the attention of the Court at Annexure-B to the supplementary counter affidavit filed on behalf of the respondents on 11.9.2008, wherein a calculation chart has been annexed calculating the total admissible earned leave of the petitioner to 81 days. Learned counsel for the petitioner submits that petitioner is entitled for earned leave encashment 211 days. In this respect, petitioner shall be at liberty to draw his calculation as per law admissible and produce the same before the Registrar of the University, who shall get it checked up by the competent authority of the University and if the calculation of the petitioner is found to be correct, he shall be paid encashment of the remaining days of 3 earned leave within a period of one month from the date of filing of such representation. So far as merger of D.A. to the extent of 50 percent and calculation and payment of 12 and 1/2 percent interest on Group Insurance amount are concerned, the same becomes admissible to the petitioner on the basis of the judgments of this Court. Therefore, the University is directed to calculate the dues of the petitioner in this regard in the light of the judgments of this Court and pay the amount which becomes due to the petitioner on the basis of the said judgments within three months from the date of receipt/production of a copy of this order. It is made clear that if in case within three months the same are not paid to the petitioner, the same shall carry 18 percent interest compoundable quarterly from the next date of expiry of three months. If the University requires any fund for payment to the petitioner on 4 account of merger of D.A., a requisition must be sent to the State Government within one month and in terms of the orders passed by this Court, the State Government shall consider the requisition of the University and shall release the same within two months thereafter. The amount of interest payable to the petitioner shall not be charged from the University fund and the same shall be recovered from the salary of the officer concerned found responsible for delay. With the above observations and directions, this writ application is disposed of. A.H./ ( J. N. Singh , J. )