IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2062 of 2009 PROF.(DR.) JAGDISH OJHA, S/O Late Angad Ojha, resident of Mohalla Rajendra Nagar, Road No.1, P.S. Kadam Kuan, Town and District Patna. Versus 1. The Tilka Manjhi BHAGALPUR UNIVERSITY, Bhagalpur through the Registrar, namely, Mr. B.K. Singh. 2. The Vice Chancellor, Tilkamanjhi Bhagalpur University, Bhagalpur, namely Mrs. Prema Jha. 3. The Registrar, Tilkamanjhi Bhagalpur University, Bhagalpur, namely, Mr. B.K. Singh. 4. The Finance Officer, Tilkamanjhi Bhagalpur University, Bhagalpur, namely, Mr. G.N.Singh. 5. The Head of the Department, Post Graduate Department of Zoology, T.M. Bhagalpur University, Bhagalpur, namely, Mrs. Dr. R. Ahsan. 6. The State of Bihar, through the Chief Secretary, Government of Bihar, Old Secretariat, Patna, namely, Mr. R.J.M. Pillay, I.A.S. 7. The Secretary, Department of Finance, Government of Bihar, Old Secretariat, Patna, namely, Mr. Navin Kumr, I.A.S. 8. The Secretary, Human Resources Development Government of Bihar, New Secretariat, Patna, namely, Mr. Anjani Kumar Singh, I.A.S. 9. The Director, Department of Higher Education, Government of Bihar, Patna, namely, Mr. D. Kumar. ----------- 2 6.10.2010 Heard Mr. Purushottam Kumar Jha, learned counsel for the petitioner, learned counsel for the Bhagalpur University as also learned counsel for the State. In this case grievance of the petitioner is with regard to non compliance of the order dated 9.2.2009 in C.W.J.C. No.1926 of 2009, operative portion thereof reads as follows:- “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.” Mr. Jha, would submit that the petitioner’s retirement benefit as directed by this Court has been paid except that the amount of merger of the Dearness Allowance has not been paid 2 and that the payment of leave encashment has been made only for 127 days in place of 172 days. In the opinion of this Court, when the opposite parties have explained that the issue with regard to merger of Dearness Allowance is pending before the Apex Court and the University has to squarely depend on the funds being released by the State Government, such amount cannot be said to be admitted amount till the University would receive funds from the State Government. As with regard to grievance of the petitioner that the University had paid leave encashment to the petitioner only for the period of 127 days, as against 172 days, this Court would not hold the same to be non-compliance of its order in absence of specified days of admitted Earned leave encashment. It would however give liberty to the petitioner to demonstrate before the Registrar of the University as to on what basis he would claim availability of 172 days of earned leave and if for that purpose such a representation is filed by the petitioner, the same will be considered and disposed of in accordance with law within a period of six months from the date of filing of such representation along with a copy of this order. . The grievance of the petitioner that the opposite parties have not paid interest, at least cannot be made subject matter of this contempt application, inasmuch as, this Court had never directed for payment of interest on any of the aforementioned amount. 3 As the order of this Court has already been complied by making payment of admitted amount to the petitioner this contempt application has become infructuous and is accordingly disposed of. Abhay Kumar ( Mihir Kumar Jha, J.)