IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10053 of 2007 VINOD SHANKER DUBEY, Son of Late Sidheshwar Dubey, Resident of 14/17, Vikas Nagar, Lucknow ----- Petitioner Versus 1. THE STATE OF BIHAR through Secretary Higher Education,Government of Bihar, Patna. 2. Tilka Manjhi Bhagalpur University, Bhagalpur through Registrar. 3. Vice Chancellor, Tilka Manjhi Bhagalpur University, Bhagalpur. 4. Registrar, Tilka Manjhi Bhagalpur University, Bhagalpur. 5. Finance Officer, Tilka Manjhi Bhagalpur University, Bhagalpur. ------ Respondents 10 05.07.2011 Heard Sri Gopal Prasad Roy, learned counsel for the petitioner, Sri Sanjeev Kumar, learned AC to Government Pleader No. 5 who appears on behalf of respondent no. 1/State and Sri Anil Singh, learned counsel appearing on behalf of respondent nos. 2 to 5/Tilka Manjhi Bhagalpur University, Bhagalpur on main writ petition as well as on Interlocutory Application i.e. I.A. No. 4311 of 2011. Initially the writ petition was filed with a prayer to direct the respondents to clear his all the retiral dues. In this case a counter affidavit and supplementary affidavit was filed and subsequently another supplementary affidavit was filed on 19th February, 2009 enclosing therewith an order passed by the Registrar of the University on 14.02.2009, vide Annexure - E. Learned counsel for the University submits that on perusal of Annexure – E it is evident that almost all the retiral dues of the petitioner have already been paid. Sri Gopal Prasaid Roy, learned counsel for the petitioner points out that perusal of Annexure -E i.e. order dated 14.02.2009 makes it clear that on the date of passing of the order amount in respect of difference of salary, leave encashment, group insurance and P.F. (undeposited) was due. Neither learned counsel for the University nor learned counsel for the petitioner are in a position to make specific statement as to whether aforesaid dues have been paid or not. With the consent of the parties the writ petition stands disposed of with an observation that if any amount as per Annexure -E is still pending, the petitioner shall be at liberty to file a representation before respondent no. 3/Vice-Chancellor, Tilka Manjhi Bhagalpur University, Bhagalpur. If such representation is filed it is expected that respondent no. 3 shall examine the same and pass appropriate order in accordance with law and if he considers that amount claimed are still pending, he will pass order for payment of the said amount preferably within a period of four months from the date of filing of such representation. So far Interlocutory Application i.e. I.A. No. 4311 of 2011 is concerned the petitioner has prayed for a declaration that he is entitled to get 50 % merger of dearness relief on his basic pension in view of Govt. Resolution No. 820 dated 23.09.2009 as well as in view of number of orders passed by this court. Sri Anil Singh, learned counsel for the University does not dispute the fact that this court in C.W.J.C. No. 3616 of 2010 (Dr. Himanshu Bhushan Vs Tilka Manjhi Bhagalpur University, Bhagalpur & Ors.) and other connect writ petitions has granted such relief. Learned counsel for the petitioner alongwith the Interlocutory Application has brought on record order dated 03.12.2010 passed in C.W.J.C. No. 3616 of 2010 as Annexure -5. In view of the facts and circumstances the Interlocutory Application stands allowed in terms of order dated 03.12.2010 passed in C.W.J.C. No. 3616 of 2010 and other connected writ petitions. The writ petition as well as Interlocutory Application stands disposed of. Praful (Rakesh Kumar, J.)