IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4446 of 2008 Prof.Sunil Kumar Sinha , S/O Late M.C. Prasad, resident of 47, Nayatola, Madhavpur, P.S. Basudeopur, district- Munger --------------------------- Petitioner Versus 1. The State Of Bihar through its Secretary, Department of Higher Education, New Secretariat,Patna 2. T.M. Bhagalpur University, Bhagalpur, through its Registrar 3. The Vice Chancellor,T .M. Bhagalpur University, Bhagalpur 4. The Registrar, T. M. Bhagalpur University, Bhagalpur 5. The Principal , R.D. & D.J. College, Munger 6. The Principal, J.R.S. College, Jamalpur, District-Munger ------------------------- Respondents. ---------------------------------- 10 25-08-2011 Heard Sri Rajesh Sinha, learned counsel for the petitioner, Sri Nagendra Sinha, learned A.C. to Govt. Pleader no.8, who appears on behalf of Respondent/ State and Sri Anil Singh, learned counsel appearing on behalf of Respondent nos.2 to 4/T .M. Bhagalpur University, Bhagalpur. The present writ petition was filed in the year 2008 with a prayer to direct the Respondent to pay all the retiral dues of the petitioner. In this case number of affidavits have been filed on behalf of the University and finally in the third supplementary counter affidavit, which was filed on 12.10.2010, the University has stated that all the retiral dues of the petitioner have already been paid. Learned counsel for the petitioner does not dispute the statement made in the counter affidavit, but he submits that the University it its all the counter affidavits is silent on the point of payment of the dues in respect of leave encashment , whereas the specific statement was made in the writ petition. It has been claimed 2 that leave encashment against 97 days was not paid. Keeping in view the fact that most of the grievances of the petitioner have already been redressed and no rejoinder to the counter affidavit has been filed, there is no need to keep the matter further pending. The writ petition stands disposed of . However, since the claim for payment of the amount under the head of leave encashment has not been dealt with by the University, it is desirable to direct the Respondents, particularly Respondent no.3. Vice- Chancellor, T.M. Bhagalpur University, Bhagalpur to examine the claim of the petitioner so far as leave encashment is concerned and take a final decision within two months from the date of receipt/ production of a copy of this order. If the Respondents consider the claim of the petitioner as genuine, they are required to pass order for payment within two months from the date of receipt /production of a copy of this order. In case of refusal, Respondent no.3 is required to pass speaking order and communicate the same to the petitioner within two months from the date of receipt/production of a copy of this order. With the above observation and direction, the writ petition stands disposed of . NKS/- ( Rakesh Kumar, J.)