IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2142 of 2006 DR.UPENDRA NATH PANDEY, SON OF LATE RAMA NAND PANDEY, RESIDENT OF ANUGRAHPURI COLONY, GAYA, POLICE STATION – RAMPUR, DISTRICT – GAYA. ……. PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH M.M. JHA, COMMISSIONER – CUM – SECRETARY, HUMAN RESOURCES DEPARTMENT (HIGHER EDUCATION), GOVERNMENT OF BIHAR, VIKAS BHAWAN, NEW SECRETARIAT, BAILY ROAD, PATNA. 2. DR. SHAMSHAD HUSSAIN, THE VICE CHANCELLOR, MAGADH UNIVERSITY, BODH GAYA, GAYA. 3. DR. BIMAL KUMAR, THE REGISTRAR, MAGADH UNIVERSITY, BODH GAYA, GAYA. ….. RESPONDENT/OPPOSITE PARTIES. ----------- 10/ 08.02.2010 Show cause has been filed on behalf of Opposite Party No. 1 stating that the State has nothing to do in this matter. It is the Vice-Chancellor and the Registrar of the Registrar, who have to comply the direction of this Court. Show cause and supplementary show cause has been filed on behalf of Opposite Party No. 3, Registrar, Magadh University, Bodh Gaya. In the show cause in para 4 under different sub-paragraphs the amount paid to the petitioner as pension in revised pay scale of Reader, the admissible amount of enhanced gratuity and leave encashment for 180 days, group insurance with 6.5% compound interest has been mentioned. It is stated that as per the calculation by Auditor arrears of salary and other amounts have been paid to the petitioner. - 2 - Regarding direction for making payment ofarrears of salary in the promotional scale of Professor, it is mentioned that the University recommended the name of petitioner for the post of Professor under the time bound promotion scheme vide letter no. 551/A dated 12.12.1996. The University Service Commission vide letter no. 11/BSUC dated 23.1.1997 directed to keep the promotion in abeyance till the verification of the affiliation of concerned subject. The University kept the promotion of the petitioner in abeyance while the matter was still in progress, University Service Commission was abolished. Under the new statute the Govt. as well as Hon’ble Chancellor has to constitute Screening Committee for passing necessary orders in the matter of promotion. The matter is under consideration before the Vice-chancellor, as and when petitioner’s promotion will be allowed, accordingly, he will be paid his arrears of salary in the promotional scale, as per his entitlement. Petitioner has filed reply to the show cause on behalf of the University and in para 9 of the reply the petitioner has raised objection regarding non-payment of - 3 - some of the amount, such as earned leave in new scale, D.A. in new scale, D.D.A. in old scale, compound interest at the rate of 5% on group insurance, provident fund and arrears of salary in the new scale from 1.1.1996 till the date of retirement. Considering the fact that as per the show cause of the University all admitted dues have been paid to the petitioner and for disputed amounts the petitioner has liberty to represent his case before the Vice-Chancellor and the Registrar of the University, this contempt proceeding is disposed of. Petitioner may represent before the authorities for rest of the claim as mentioned in para 9 of the reply. DKS/ (Mridula Mishra, J.)