IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4141 of 2008 Sadhu Sharan Prasad , S/o Late Sita Ram Singh, At Nimganj, P.O.+P.S.- Bihar Sharif, Distt.- Nalanda…………………………… Petitioner Versus 1. The V.C., Magadh University, Bodh Gaya (Bihar). 2. The State of Bihar through its Chief Secretary. 3. The Principal (Professor in Charge) S.P.M., College Udantpuri, Biharsharif, Nalanda. 4. Finance Officer Magadh University, Bodh Gaya. ………….. Respondents ---------------------------------- 14 25/8/2011 Heard Sri Bhola Prasad No. 1, learned counsel for the petitioner and Sri Maruth Nath Roy, learned AC to Standing Counsel No. 25, who appears on behalf of Respondent No. 2/State. None appeared on behalf of Respondent Nos. 1 & 4/ Magadh University. On earlier occasion also none had appeared on behalf of the Respondent/University. On 23rd August, 2011 learned counsel for the petitioner submitted that he had already informed learned counsel for University, even then, none appeared on 23rd August, 2011. Same is the position today. In this case, a supplementary affidavit has also been filed on behalf of the petitioner which has not been replied by the University. In the supplementary affidavit petitioner has given calculation in respect of his claim for dues i.e. Rs. 3,07,062/- as dues salary and amount under the head of leave encashment to the tune of Rs. 43,067/- and petitioner has further claimed for interest on delayed payment. The petitioner had retired as ‘Reader’, Department of Chemistry from Sardar Patel Memorial College, Nalanda under Magadh University with effect from 31/1/2001. 2 The writ petition was filed in the year 2008 with a prayer to direct the Respondents to make payment of retiral dues. It appears from the record that the writ petition was heard on several dates. Even show cause notice was issued to the University, and thereafter, Vice-Chancellor and Registrar of the Magadh University had filed show cause giving under taking that counter affidavit will be filed without any delay. A counter affidavit was also filed on behalf of university wherein it was admitted that after fixation of pension PPO was already issued and sent to the Bank of the petitioner. As per learned counsel for the petitioner other retiral dues of the petitioner have already been paid but due salary and amount under the head of leave encashment as indicated above has not been paid till date. In view of the fact that statement made by the petitioner has not been controverted by Respondent/University either by filing a counter affidavit to the supplementary affidavit or orally before this court, inference can be drawn that Respondent/University has admitted the claim of the petitioner as claimed in the supplementary affidavit. Accordingly, the writ petition stands allowed directing the Respondent No. 1/Vice-chancellor, Magadh University to make payment of amount of due salary and leave encashment as indicated above within a period of eight weeks from the date of receipt/production of a copy of this order. The Respondent No. 1/Vice-Chancellor, Magadh University, is further directed to 3 calculate interest on aforesaid amount at the rate of 4% per annum and pay interest on aforesaid amount along with principal amount within aforesaid time. The writ petition stands allowed. Praful ( Rakesh Kumar, J.)