IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1926 of 2009 PROF.(DR.)JAGDISH OJHA Versus THE TILKAMANJHI BHAGALPUR UNIVSITY & ORS. ----------- 2 9/2/2009 Heard counsel for the petitioner, counsel for the University as also counsel for the State. In this writ application, which has been filed with the subject heading of retirement benefits; the petitioner has claimed payment of arrears of pension, interest of gratuity, earned leave salary, group insurance amount, un-deposited provident fund claim and interest thereon as also arrears of salary. The writ application sofar it relates to payment of salary cannot be clubbed together with the payment of retirement benefits, in as much as, the admissibility of admitted retirement benefits is beyond any pale of doubt, a decision on payment of entitlement salary has to be taken by any authority or forum. That being so, counsel for the petitioner confines his prayer in this writ application for payment of retirement benefits only. 2 In the opinion of this Court the competent authority has to decide such claim of the petitioner and also to pay the admitted dues within a period of three months from the date of filing of such claim by the petitioner before the authority, provided funds for the same has been made available to the University. In the event the University takes a plea of non-availability of funds, it will make a requisition specifically for the petitioner by giving explanation as to whether the funds earlier by the government for given payment of retirement benefits has been fully utilized by the University. Be that as it may, the claim of the petitioner of his admitted retirement benefits must be finalized and its payment be also made to him within a period of three months keeping in view that the petitioner has already retired on 31st August, 2003. With the above observation and direction this application is disposed of. Abhay Kumar (Mihir Kumar Jha, J.)