IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13703 of 2003 NAGENDRA SINGH, Son of late Ramotar Singh, resident of Vigyan Sadan, Thana Road, Town Police Station, District-Sitamarhi (Bihar), at present residing at Jai Gurudeo Ashram Mandir Seva, Agra Delhi Bypass, Mathura (U.P.). ............Petitioner. Versus 1. Baba Saheb Bhim Rao Ambedkar Bihar University, Muzaffarpur through its Vice-Chancellor. 2. Vice-Chancellor, Baba Saheb Bhim Rao Ambedkar Bihar University, Muzaffarpur. 3. The Registrar, Baba Saheb Bhim Rao Ambedkar Bihar University, Muzaffarpur. 4. The Finance Officer, Baba Saheb Bhim Rao Ambedkar Bihar University, Muzaffarpur. 5. The Principal, Sri Radha Krishna Goenka College, Sitamarhi. ...............Respondents. with CWJC No.15879 of 2004 NAGENDRA SINGH, Son of Ram Autar Singh, Residnet of Vigyan Sadan, Thana Road, P.S., Town & District-Sitamarhi. ................Petitioner. Versus 1 Baba Saheb Bhimrao Ambedkar Bihar University, Muzaffarpur through its Vice-Chancellor. 2 Vice-Chancellor, Baba Saheb Bhim Rao Ambedkar Bihar University, Muzaffarpur. 3 The Registrar, Baba Saheb Bhim Rao Ambedkar Bihar University, Muzaffarpur. 4 The Finance Officer, Baba Saheb Bhim Rao Ambedkar Bihar University, Muzaffarpur. 5 The Principal, Sri Radha Krishna Goenka College, Sitamarhi. ...............Respondents. ----------- 5/ 05.05.2010 Nagendra Singh is the petitioner in both the writ application. He was appointed as Demonstrator in Chemistry Department in Sri Radha krishan Goenka College, Sitamarhi, a constitutent unit of Baba Saheb Bhimrao Ambedkar, Bihar University, Muzaffarpur and superannuated in the scale of Lecturer on 31st January, 1997. C.W.J.C. No. 13703 of 2003 has been filed by the 2 petitioner for a direction to the respondents to make payment of difference of arrears of salary, which includes dues from 1.4.1981 to 31.12.1985, 1.1.1986 to 31.12.1995 and 1.10.1996 to 31.1.1997, along with interest. These are the dues of arrears of salary, on account promotion in selection grade and on account of U.G.C. replacement scale. Further prayer is for quashing of order dated 29.11.2000, passed by Vice- Chancellor, B.R.A. Bihar Univejrsity, whereby, only admitted dues payable to the petitioner has been calculated as Rs. 4,783/-, in place of more than Rs. 2 lacs. Counter affidavit has been filed on behalf of the University and rejoinder to the counter affidavit filed by the petitioner, from which it transpires that as yet petitioner has not been paid his entire dues, relating to difference of arrears of salary. Total claim of the petitioner duly approved by the College and forwarded to University through Letter No. C/111/09 dated 17.07.2009 is as follows:- (i) Dues of salary from 1.1.1986 to 31.12.1995 is Rs. 1,69,748/-, out of which Rs. 18,763/- has been paid. Rest Rs. 1,50, 985/- is due. (ii) Dues of salary from 1.4.1981 to 31.12.1985 comes to Rs. 30,857/- out of which Rs. 6,106.74/- has been paid. Rest Rs. 24,750.33/- is due. (iii) Dues of salary for the period 1.1.1996 to 31.01.1997 is Rs. 94,136, out of which Rs. 47,298/- 3 has been paid and Rs. 46837.26/- due. Total dues amount comes to Rs. 2,69,871.33 paise. Counsel for the petitioner submits that dues against earn leave has been paid, but out of gratuity amount only Rs. 37, 300/- has been paid, treating it to be Rs. 1,00,000/-, when in fact, the amount of gratuity payable w.e.f. 1.1.1996 was Rs. 2.50, 000/-. Petitioner is entitled to receive Rs. 1.50, 000/- towards gratuity. Further he is entitled for statutory interest on account of delay in payment of pensionary dues. There is no denial on behalf of the University, so far statement made by the petitioner regarding his claim in the rejoinder is concerned. This application is being allowed, directing the Vice- Chancellor, B.R.A. Bihar University, Muzaffarpur, and the Registrar of the University, to make payment of entire arrears of dues of salary and remaining amount of gratuity, with statutory interest to the petitioner, preferably within eight weeks from the date of production/communication of the order. It goes without saying that the university will verify from the connected records, the claim of the petitioner, before making payment. C.W.J.C. No. 15879 of 2004 is filed by the petitioner for quashing of the order dated 29th of November, 2000 passed by Vice-Chancellor of the university and issued by the Registrar, B.R.A. Bihar University, Muzaffarpur, disposing of the representation filed by the petitioner without serving the 4 calculation chart and without considering his claim for entire post-retrial benefits, due to which, petitioner’s post-retiral dues have remained unsettled. Further prayer is for a direction to respondents for treating the petitioner, having exercised option-‘A’, under Rule 1 (a) of the Statute, for grant of retiral benefits, in view of the office order as contained in Memo No. B/1136 dated 7.6.2003 This writ application relates to the payment of pension and pensionary benefit to the petitioner. By the impugned letter the prayer of the petitioner has been rejected by the Registrar of the university, stating that since the petitioner had not opted option-‘A’ under the triple benefits scheme, he is not entitled for pension. Counsel for the petitioner has placed reliance on a decision of this Court reported in 2007(1) PLJR 241 (Vyas Narayan Singh and Ors. Vs. B.R. Ambedkar Bihar University and Ors.), specially para 16 and 18 of the judgment. Counter affidavit has been filed on behalf of the University, stating that petitioner never gave option in category ‘A’, but is claiming this benefit as per the decision in Vyas Narayan Singh’s case reported in 2007 (1) PLJR 241. In this connection, the Chancellor of the Universities has passed an order on 14.1.2008 (Annexure-C), wherein it has been held that old matters cannot be re-opened for the purposes of giving fresh option in favour of the scheme ‘A’ after 20.12.2005 and as such 5 backdated option from the Colleges and the University departments, if received, will not be entertained and it may be rejected outright. I find that Annexure-C, dated 14.01.2008 has been issued without considering the finding recorded in judgment reported in 2007(1) PLJR 241 (Vyas Narayan Singh and Ors Vs. B.R. Ambedkar Bihar University, Muzaffarpur and Ors.). In this judgment specially para 16 and 18, which includes all such teaching employees of the university who either had opted or not opted for pension under the triple benefit scheme and holding that they all can be given an opportunity for exercising their option afresh. Petitioner’s case also comes well within the finding recorded in this judgment. As such, the stand taken by the university that in view of Annexure-C dated 14.01.2008 they are unable to allow the petitioner the benefit of pension and pensionary benefits, is not sustainable in law. This application is allowed. A copy of this order may be handed over to Mr. Ambar Nath Banerjee, counsel representing B.R.A. Bihar University, Muzaffarpur. Sanjeet/ (Mridula Mishra, J.)