IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14670 of 2011 Ghanshyam Prasad, Aged About 78 Years, S/O Rameshwar Prasad R/O Mohalla L.I.G. 42, Housing Board Colony, P.S. Rampur, Distt. Gaya. Versus 1. The Magadh University Through Its Registrar, Magadh University, Bodh Gaya. 2. The Vice Chancellor, Magadh University, Bodh Gaya. 3. The Registrar, Magadh University, Bodh Gaya. 4. The Finance Officer, Magadh University, Bodh Gaya. ---------------------------------- 2 8/9/2011 Heard Sri Virendra Prasad, learned counsel for the petitioner and learned counsel appearing on behalf of all the respondents/ Magadh University, Bodh Gaya. The petitioner has claimed for merger of 50 % dearness relief on his basic pension with effect from 01/01/2005 in view of law laid down by a Division Bench of this court in LPA No. 434 of 2008 (Dr. Prof. Ram Dinesh Sharma Vs T.M. University, Bhagalpur & Ors.) which has been followed by this court in number of cases and also for grant of benefit of two advance increments of Ph.D. degree with effect from 01/01/1996 in the light of judgment of this court passed in CWJC No. 15136 of 2010 (Ram Chandra Roy Madhukar Vs State of Bihar & Ors.) and another connected writ petition. The petitioner retired as ‘Reader’, Department of English, Magadh University, Bodh Gaya in the month of February, 2000. Learned counsel for the petitioner has drawn my attention to an order passed by this court in CWJC 2 No. 15136 of 2010 (Ram Chandra Roy Madhukar Vs State of Bihar & Ors.) and another case in respect of claim of grant of benefit of two advance increments of Ph.D. degree (‘Annexure -1’ to the writ petition), and also to an order passed by this court in CWJC No. 3616 of 2010 (Dr. Himanshu Bhushan Vs Tilka Manjhi Bhagalpur University & Ors.) and other connected writ petitions in respect of claim of merger of 50 % dearness relief on his basic pension. Learned counsel for the University does not dispute the fact that principle on aforesaid subject has already been clarified by this court. In view of stand taken by the parties the writ petition stands disposed of. The writ petition stands allowed so far as claim of merger of 50% dearness relief on basic pension is concerned in the light of order dated 3/12/2010 passed in Dr. Himanshu Bhushan Case (Supra). So far claim of benefit of two advance increments of Ph.D. degree is concerned, the petitioner is granted liberty to file representation before respondent no. 2/Vice Chancellor, Magadh University, Bodh Gaya within a period of six weeks from today. If such representation is filed, the respondent no. 2 is required to pass appropriate order in accordance with law keeping in view the judgment of this 3 court passed in CWJC No. 15136 of 2010 (Ram Chandra Roy Madhukar Vs State of Bihar & Ors.) within a period of three months from the date of filing of such representation. The writ petition stands disposed of. Praful ( Rakesh Kumar, J.)