IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2169 of 2005 SHYAM SUNDER RAI Versus THE V.C., T.M.BHAGALPUR UNIVERSITY & ORS. ----------- 13/ 13.10.2009 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the University. Pursuant to this Court’s order dated 3.2.2009 a supplementary counter affidavit has been filed on behalf of the University with regard to the admissible retiral dues payable to the father of the petitioner Late Shaligram Rai which has been detailed in paragraph-4 of the supplementary counter affidavit filed on 21.4.2009 which is reproduced hereinbelow:- “That it is stated that after considering the absorption of Late Shaligram Rai against the proposed post w.e.f. 4.4.1977 vide notification no. 128/97 dated 28.8.97, monthly pension @ Rs. 764 was fixed w.e.f. February, 1995 to March, 1997 and thereafter revised monthly pension @ Rs. 2201 with admissible relief up to 31.1.1999 in view of decision and direction of Hon’ble Chancellor dated 23.10.2002 regarding the effective date of absorption of such employees. As per fixation of pension, claim under the head of arrear of pension for the period from 1.2.1995 to 31.1.1999 comes to Rs. 1,05,232 only and under the heads of gratuity the claim comes to Rs. 19,889/- only.” Learned counsel appearing on behalf of the petitioner - 2 - disputes the calculation and says that the calculation has not been made properly and that some more amounts would be due. Learned counsel also submits that unutilized leave salary of 77 days has also not been paid to the petitioner. A calculation chart has been enclosed vide Annexure-4 of the rejoinder in support of the claim towards unutilized leave salary. Learned counsel also makes submission with regard to the admissibility of payment of G.P.F., Group Insurance and other admissible dues. Learned counsel appearing on behalf of the University submits that in absence of succession certificate the University is facing difficulty in making payment of the admissible amount of the retiral benefits to the petitioner. Learned counsel for the petitioner submits that the certificate of the Circle Officer showing the family genealogy has already been submitted in the University. It would serve no useful purpose keeping this matter pending. This writ application is disposed of with a direction to the petitioner to file an indemnity bond undertaking to indemnify, in case there is any counter claim made by any person claiming to be the legal heir(s) of Late Shaligram Rai. The indemnity bond would be jointly filed by the petitioner Shyam Sunder Rai and his brother Indrajeet Rai who claim to be the only surviving heirs of Late Shaligram Rai. Upon such indemnity bond being filed on behalf of the - 3 - petitioner and his brother, the University would proceed to make payment of the entire admissible amounts payable to the petitioner on behalf of their father as detailed in paragraph-4 of the supplementary counter affidavit and also after considering the other claims as advanced on behalf of the petitioner as taken note of in this order. All admissible payments would be made to the petitioner within six weeks from the date of the production/receipt of the copy of the order. In case, any of the other claims made by the petitioner is found admissible, the same should be paid within the said period. However, if any of the claims is not found admissible by the University the same should be rejected by a reasoned and speaking order. Such order should also be passed within the period stipulated above. This disposes of the writ petition. S.Sb/- (Jyoti Saran, J.)