IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16089 of 2006 Prof. Dr. Azra Wali, wife of Md. Abdul Wali, resident of Mohalla. Bhikhanpur Gumti No.3, P.S. Ishak Chak, Town and District-Bhagalpur -------------------- Petitioner Versus 1. The T.M. Bhagalpur University , Bhagalpur, through its Registrar 2. The Vice-Chancellor, T.M. Bhagalpur University, Bhagalpur 3. The Registrar, T.M. Bhagalpur University, Bhagalpur 4. The Finance Officer, T.M. Bhagalpur University, Bhagalpur 5. The Principal, S.M. College, Bhagalpur 6. The State of Bihar, through the Chief Secretary, Government of Bihar, Old Secretariat, Patna 7. The Commissioner-cum- Secretary, Department of Finance, Govt. of Bihar, Old Secretariat, Patna 8. The Commissioner-cum-Secretary, Department of Human Resources Development , Government of Bihar, New Secretariat, Patna 9. The Director, Department of Higher Education, Government of Bihar, New Secretariat, Patna ----------------------- Respondents. ----------- 11 06-05-2011 Heard Sri Purushottam Kumar Jha, learned counsel for the petitioner, Sri Anil Singh, learned counsel appearing on behalf of Respondent nos.1 to 4/ T.M.Bhagalpur University, Bhagalpur and Sri Indrajit Singh, learned A.C. to Standing Counsel no.6, who appears on behalf of Respondent nos. 6 to 9. The petitioner, who retired with effect from 31.1.2004 as University Professor, Department of Economics from T.M.Bhagalpur University, Bhagalpur has filed the aforesaid writ petition for directing the Respondents to clear all his retiral dues and also for a direction for merger of 50 % dearness relief on his basic pension. It was submitted by learned counsel for the petitioner that during the pendency of the writ petition , all the grievances relating to post retiral dues have already been redressed save and except granting relief of 50 % merger of dearness relief 2 on his basic pension. It has also been submitted by learned counsel for the petitioner that even on delayed payment of gratuity amount, interest has not been paid which, according to learned counsel for the petitioner, was required to be paid by the Respondents. So far as merger of 50 % dearness relief on the basic pension of the petitioner is concerned, this issue has already been settled by this Court in C.W.J.C.No.3616 of 2010 (Dr. Himashu Bhushan Vs.Tilka Manjhi Bhagalpur University & Ors.) and other connected writ petitions disposed of on 3.12.2010. Accordingly, the writ petition so far merger of 50% dearness relief is concerned is allowed in terms of order dated 3.12.2010 passed in C.W.J.C.No.3616 of 2010 (Dr. Himanshu Bhushan Vs. Tilka Manjhi Bhagalpur University & Ors.) and other analogous cases. So far as claim of interest on delayed payment of gratuity amount is concerned, it was submitted by the learned counsel for the petitioner that the writ petition may be disposed of granting liberty to the petitioner to file representation before the authority concerned. In view of the stand taken by learned counsel for the petitioner, the writ petition stands disposed of granting liberty to the petitioner to file a representation so far as claim of the interest on delayed payment of gratuity amount is concerned before Respondent no.2/ Vice-Chancellor, Tilka Manjhi Bhagalpur University, Bhagalpur. If such representation is filed by the petitioner, it is expected that Respondent no.2 will examine the 3 same in its right perspective and pass appropriate order in accordance with law redressing the grievance of the petitioner preferably within a period of three months from the date of filing of such representation. With above observation and direction, the writ petition stands disposed of. NKS/- ( Rakesh Kumar,J.)