IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13037 of 2007 DR.BISHWANATH AGRAWAL Versus THE STATE OF BIHAR & ORS ----------- 08/ 03.07.2008 Heard learned counsel for the petitioner, learned counsel for the State and its authorities (respondents no. 1,2 and 3) and learned counsel for the Accountant General (respondent no.6). No one appears on behalf of the authorities of the Magadh University, Bodh Gaya (respondents no.4 and 5) . The claim of the petitioner is that he retired on 31.01.1994 from the post of University Professor & Head of Department of Political Science, College of Commerce, Patna, a constituent unit of Magadh University, Bodh Gaya, Bihar. Learned counsel for the petitioner submits that he was being paid pension on the old rate of Rs.3,050/- + relief per month till July, 2005 and from August, 2005 he was being paid pension at the revised rate of Rs.8,200/- + relief per month as per the Government notification contained in Ref. no.15/M1-218/98 dated 20.07.2001 and notification dated 14.09.2006 issued under the signature of respondent no.5 by which revised pension was fixed and the petitioner was directed to be paid his pension according to the revised pension with effect from 01.01.1996. Learned counsel for the petitioner further submits that since 01.01.1996 till July, 2005 he has been paid pension at the rate of Rs.3,050/- + relief per month and hence the total amount paid during that period was Rs.9,14,226/- only, but in accordance with the said notification he had to be paid pension for the said period at the - 2 - revised rate of Rs.8,200/-+relief per month, which, if calculated for the said entire period, comes to Rs.12,96,174/- and hence the remaining amount payable to the petitioner is Rs.3,81,948/-, which the University is not paying inspite of representations filed by the petitioner. Learned counsel for the petitioner also submits that during the pendency of the writ petition the University has paid Rs.2,91,000/- to the petitioner and hence now Rs.90,948.00 remains to be paid. This writ petition was filed on 01.10.2007 after serving copies thereof upon learned counsel for the University and when the case was listed on 28.11.2007 four weeks’ time was granted to the University to file a counter-affidavit. Thereafter, the case was listed on 25.03.2008, but the case was again adjourned. On 26.03.2008 no one appeared for the University and the case had to be adjourned. Again on 15.04.2008 when the case was called out, no one appeared for the University and hence the case was adjourned with an observation that if none appeared for the University even on the following day i.e. 16.04.2008, then this Court would have no option but to direct for personal appearance of the Vice Chancellor of the University. However, when the case was listed on 16.04.2008, it was stated on behalf of the University that part payment (Rs.2,91,000/-) of retrial dues of the petitioner has been made and hence the University authorities were directed by this Court to pay the entire retrial dues of the petitioner within a period of four weeks as also to submit the calculation chart for the payments made. However, on 01.07.2008 when the case was again taken up, it was found that neither a counter - 3 - affidavit was filed giving details of payment nor any one appeared on behalf of the University and hence the case was adjourned. Today also when the case is called out no one appears on behalf of the University nor any affidavit has been filed on its behalf as per the aforesaid order. However, learned counsel for the State and learned counsel for the Accountant General submit that they have no concern with the said matter as the payment has to be made by the University. From the aforesaid facts, it is quite apparent that the said dues are not in dispute and the University authorities by their continuous absence and by non-filing of any counter affidavit or any reply to the writ petition, have impliedly admitted the facts and claims raised by the petitioner. In the said circumstances, this writ petition is allowed with a direction to respondents no.4 and 5, namely the Vice Chancellor and Registrar, Magadh University, Bodh Gaya, respectively to make payment of the remaining dues of Rs.90,948/- as mentioned above to the petitioner within a period of fortnight from the date a copy of this order is produced by the petitioner before the Registrar of the University. In case of failure to comply this order, the Court will have no option but to view it as a clear violation and contempt of the order of this Court. MPS/ ( S. N. Hussain, J. )