IN THE HIGH COURT OF JUDICATURE AT PATNA 7 19.8.2009 MJC No.686 of 2008 Prof. Pandey Hari Narayan Shrivastava Son of Late Pandey Lal Narayan Shrivastava, resident of Mohallah- Prabhu Nath Nagar (Tari), PO- Chapra, PS Chapra Town, District Saran, retired Reader, Department of Botany, Jagdam College, Chapra ....... Petitioner VERSUS 1. The State of Bihar through Sri Anjani Kumar Singh, Secretary, Department of Higher Education, Government of Bihar, Patna 2. Baba Saheb Bhim Rao Ambedkar Bihar University, Muzaffarpur, through its Registrar Shri Ashok Kumar Shrivasvtava 3. Shri Rajdeo Singh, Vice Chancellor, Baba Saheb Bhim Rao Ambedkar Bihar University, Muzaffarpur 4. Shri Ashok Kumar Shrivastwa, Registrar, Baba Saheb Bhim Rao Ambedkar Bihar University, Muzaffarpur 5. Jai Prakash University, Chapra through its Registrar Shri Ashok Kumar 6. Shri Ram Pravesh Sharma, Vice Chancellor, Jai Prakash University, Chapra 7. Shri Ashok Kumar, Registrar, Jai Prakash University, Chapra ..... Opposite parties ---------- Heard the parties. Today, a show cause on behalf of opposite parties no.2 to 4 has been filed in Court in which a clear stand has been taken that towards payment of admitted dues of the petitioner, the University has issued a cheque dated 18.8.2009 for an amount of Rs.70603/- which is admittedly in the name of Principal of the Jagdam College, Chapra from where the petitioner ultimately retired. A copy of the cheque and accompanying letter sent by the University to the Principal of that College dated 18.8.2009 has been shown to the Court and 2 copy thereof have been made available to learned counsel for the petitioner for use in future. A supplementary affidavit has also been filed on behalf of opposite parties no.5 to 7 showing details of calculation of the admitted dues which have been paid to the petitioner by the JP University, Chapra for the period the petitioner had serve under that University after bifurcation from the Bihar University. Learned counsel for the petitioner has submitted that two claims have remained unattended by the University, one relating to payment of deferred DA along with interest @ 9 per cent compound for a particular period and thereafter with interest at bank rate and second, the amount of group insurance of the petitioner along with 12.5 per cent compound interest after deducting the group insurance amount already paid with a further claim of simple interest on the same amount. In respect of second claim, it has been clarified that the group insurance amount was paid on basis of 10 per cent simple interest whereas the petitioner has made a claim on the basis of 12.5 per cent compound interest which claim has also not been considered. Learned counsel for the Universities submit that the grievance relating to second item i.e. group insurance along with 12.5 per cent compound interest is sub judice before the 3 Supreme Court and, therefore, the University has not been able to decide such claim and make payment. The pendency of the matter before the Supreme Court is admitted but learned counsel for the petitioner claims that the University must allow the aforesaid claims and pay accordingly because the Supreme Court has not passed any interim order of stay. This Court in the present contempt matter is not called upon to decide any of the aforesaid claims. The order passed by the Writ Court is clear that the Baba Saheb Bhim Rao Ambedkar Bihar University was directed to take a final decision in respect of pending claims of the petitioner in accordance with law within a fixed period from the date of production/ communication of a copy of this order. It is also recorded in the order that if any of the claims of the petitioner is not admitted, reasons, in brief, shall be communicated to the petitioner without any delay. It is admitted that so far the University has not communicated the reasons, in brief, for rejecting or accepting the claims in part or in any other manner. Learned counsel for the Baba Saheb Bhim Rao Ambedkar Bihar University submits that the University has paid the entire claim as forwarded to the Principal of the College from where the petitioner retired. However, in view of the order of the Writ Court the University shall obtain instruction from the 4 Principal of the College as well as Jai Prakash University, if required and take a final decision in respect of the aforesaid two claims said to be still not addressed and if the claims are not accepted, reasons, in brief, shall be communicated to the petitioner within six weeks from today. In respect of both the aforesaid claims the Jai Prakash University will also communicate its decision to the petitioner within the aforesaid period of six weeks. The contempt petition is disposed of. (Shiva Kirti Singh, J) sk