IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2661 of 2005 DR.RAM PADARATH SAHA Versus THE STATE OF BIHAR & ORS ----------- 14/ 21.05.2010 Mr. Suresh Prasad Sinha, learned counsel for the petitioner, Mr. Jai Shankar Barnwal, learned counsel for the Magadh University and Mr. Anant Kumar, assisting counsel to S.C. 11 for the State are present. The petitioner had superannuated from the post of University Professor, College of Commerce, Kankarbagh, a constituent unit of the Magadh University, with effect from 31.5.2002. The writ petition was filed for payment of post retiral benefits. During the pendency of the proceedings a series of counter affidavit and supplementary counter affidavit were filed on behalf of the University setting out the details of payment made to the petitioner. A detailed reasoned order is also present in the supplementary counter affidavit filed on behalf of the University on 10.2.2009, copy whereof was served on learned counsel for the petitioner on 28th of January, 2009. More than a year has passed since filing of the supplementary affidavit but there is no rejoinder on the records of the proceedings and learned counsel for the petitioner orally submits on instructions received from the petitioner that a part of the difference of salary in the revised U.G.C. pay-scale effective from 1.1.1996, has not yet been received by the petitioner. 2 Learned counsel for the University submits that the said payment is conditional upon the receipt of grants from the State Government and is being distributed on proportionate basis. He submits that no sooner the amount is received, it would be disbursed to the employees of the University and the petitioner would also get in a similar proportionate manner. Having regard to the submissions aforesaid, the writ petition is disposed of with the direction to the respondent no. 4, the Registrar, Magadh University, Bodh Gaya to ensure the payment of the balance amount of the differential salary towards U.G.C. arrears of the petitioner expeditiously and if the grant in this regard had already been received by the University then the payment be made within a period of three months from the date of receipt/production of a copy of this order otherwise the balance payment of the U.G.C. arrears shall be conditional upon the receipt of grants by the University. A word of caution would also be added to the directions and that is that there shall be no discrimination in the matter of payment of the U.G.C. arrears nor there should be diversion of funds received in this regard by the University. The State Auditor would be under obligation to verify the calculations and grant clearance expeditiously so that the order of this Court is complied within the time frame aforesaid. S.Sb/- (Jyoti Saran, J.)