IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.3348 of 2008 ====================================================== Dr. Sushil Kumar Jha, Son of Late Surya Narayan Jha, resident of village – Kanhauli, P.O. and P.S. Jhanjharpur, District – Madhubani. .... .... Petitioner/s Versus 1. Tilka Manjhi Bhagalpur University, through its Vice-Chancellor, Dr. Prema Jha, Bhagalpur. 2. The Vice-Chancellor Dr. Prema Jha, Tilka Manjhi Bhagalpur University, Bhagalpur. 3. The Registar, Dr. Vinay Kumar Singh, Tilka Manjhi Bhagalpur University, Bhagalpur. 4. The State of Bihar. .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Ratna Das Mr. Ashish Kumar Mr. Moksha Nand Jha For the Respondent/s : Mr. Ashok Kumar Keshri ====================================================== CORAM: HONOURABLE JUSTICE SMT. MRIDULA MISHRA ORAL ORDER (Per: HONOURABLE JUSTICE SMT. MRIDULA MISHRA) 06/ 20-10-2011 Petitioner has retired from the post of Reader on 31.01.2002. The writ application has been filed by the petitioner for payment of arrears of salary in the revised pay scale to the post of Reader, fixation of pension in the proper scale and payment of its arrears, payment of gratuity, leave encashment, group insurance and other amount as well as payment of interest on account of its delayed payment and also other admissible dues for which petitioner is entitled, such as, two increments for having Ph.D. prior to 1.1.1996. Patna High Court MJC No.3348 of 2008 (6) dt.20-10-2011 2 / 3 2 Petitioner’s case is that he submitted his representation but the opposite parties immediately did not dispose of his representation with reasoned order. It has been disposed of after two months of its filing. A wrong calculation has been made so far arrears of salary payable to the petitioner is concerned. No interest on gratuity has been calculated, despite delayed payment. Even pension has been fixed in a wrong scale, as such it has been reduced. The interest has not been paid on gratuity. Leave encashment. Provident fund has also not been calculated properly. Considering the show cause filed on behalf of the University, showing payment of amount to the petitioner and the calculation made for its payment. Rejoinder filed by the petitioner indicates that all admissible dues has not been paid by the University to the petitioner as per direction of this Court. Though, it is a case of contempt but I feel that one more opportunity should be allowed to the University as well as petitioner to settle the claim of the petitioner. Petitioner will file his fresh representation before the Registrar of the University indicating the amount which has been paid and amount which is yet to be paid. The Registrar of the University will consider his representation regarding paid, unpaid admissible dues to the petitioner, after disposing of the representation within four weeks from its filing. Payment also Patna High Court MJC No.3348 of 2008 (6) dt.20-10-2011 3 / 3 3 must be made within twelve weeks of the filing of the representation as per the claim and direction of this Court in the writ application. DKS/ (Mridula Mishra, J)