IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11790 of 2003 SHRI NARESH SHARMA Versus THE STATE OF BIHAR & ORS ----------- 16. 21.5.2010. Heard Mr. Chakra Dhari Sharan Singh learned counsel for the petitioner and Mr. Yugal Kishore, learned counsel representing the Magadh University and its authorities. A counter affidavit was filed on behalf of the University on 17.11.2008 after service thereof on the learned counsel for the petitioner setting out the details of payments made to the petitioner. Learned counsel for the petitioner, while accepting the said position, disputes the calculations of gratuity amount as according to him the amount of gratuity has been enhanced to Rs.3,50,000/ and hence, the petitioner would be entitled for the enhanced rate. He also submits that in the light of the judicial pronouncement reported in 2006(4) PLJR 369 (Dr Surendra Bahadur Singh vs. The State of Bihar and others), the petitioner would be entitled for certain further amount towards interest on group insurance and deferred D.A. According to him, the University has paid the interest at a lower rate and thus, he is 2 entitled to the benefits accruing there from. Mr. Yugal Kishore, learned counsel representing the University, controverting the claim of the petitioner in so far as interest claim is concerned, submits that the issue is pending consideration before the Supreme Court and the claim of the petitioner would be governed by the final out come of the proceedings pending before the Supreme Court. Having regard to the submission aforesaid, the writ petition is disposed of with a liberty to the petitioner to raise his claim with regard to the gratuity amount before respondent no.3 the Registrar of the University and who shall consider and dispose of the same in accordance with law expeditiously and preferably within a period of three months from the date of filing of such representation by the petitioner. Needless to add that as per the submission of the learned counsel for the University, the claim of the petitioner for interest on group insurance and deferred D.A. would be governed by the final out come of the proceedings before the Supreme Court. ahk (Jyoti Saran, J.) 3