IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.232 of 2006 Pitamber Prasad, son of Late Yaddu Mandal, resident of Village-Nawtoliya Sahjangi, P.S. Habibpur, District-Bhagalpur. ……Petitioner. Versus 1. The State of Bihar. 2. The Chancellor, Tilka Manjhi Bhagalpur Univrsity, Bhagalpur. 3. The Vice Chancellor, Tilka Manjhi Bhagalpur University, Bhagalpur. 4. The Registrar, Tilka Manjhi Bhagalpur University, Bhagalpur. 5. The Finance Officer, Tilka Manjhi Bhagalpur University,Bhagalpur. 6. The Principal, T. N. College, Bhagalpur. ……Respondents. ----------- 2. 11. 01. 2010. Heard Mr. Nityanand, learned counsel appearing on behalf of the petitioner and Mr. Anil Singh, learned counsel appearing on behalf of Tilka Manjhi Bhagalpur University. The petitioner who is son of Late Yaddu Mandal has filed the writ petition for payment of retiral benefits of his late father. The father of the petitioner was a IV Grade employee of the Respondent-University and died in harness on 16. 04. 1999. It is stated that soon after death of Late Yaddu Mandal, his widow approached the University for payment of the retiral benefits, but while awaiting the same, she also expired. It is stated that Late Yaddu Mandal was survived by his two sons and wife who as stated expired while awaiting payment of retiral dues even the elder son of Late Yaddu Mandal expired leaving the present petitioner and widow of elder son, namely, Gago Devi and her minor son. Upon non-payment of retiral benefits the present writ petition was filed by the petitioner for payment of retiral 2 dues admissible to his late father to him in the changed circumstances. A counter affidavit has been filed on behalf of the University in which it has been stated that some payment towards retiral benefits admissible to father of the petitioner has been made. It is further stated that Rs. 635/- towards Employees’ Welfare Fund, Rs. 6611/- towards Group Insurance and Rs. 11712/- towards Leave Encashment has been paid to the petitioner. It is further stated that there are no dues outstanding towards Provident Fund. It is stated that in absence of Succession certificate, other dues are pending for payment. Learned counsel for the petitioner submits that unwarranted objection and dilatory attitude has been adopted by the University for payment of retiral dues admissible to his late father. Learned counsel for the petitioner submits that petitioner would file a genealogy of his family together with Indemnity Bond undertaking to indemnify in case of any counter claim raised by any contesting party and found true by the University. The writ petition is disposed of with direction to the petitioner to present himself before the Respondent No. 4, the Registrar of the University together with a copy of this order, the family genealogy and Indemnity Bond and the 3 Respondent Registrar upon verification of documents i.e. the Indemnity Bond and family genealogy of the petitioner would take prompt steps to make payment of remaining retiral dues admissible to the father of the petitioner accompanied with statutory interest, if admissible under the Rules, within a period of eight weeks from the date of receipt/production of a copy of this order by the petitioner together with the documents aforesaid. With the above observations/directions the writ petition stands disposed of. m.p. (Jyoti Saran,J.)