1 IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5053 of 2006 Dr.Manbodh Ram, Son of Late Sukhi Ram, resident of Mohalla- Harun Colony (Near Khodai Didi Ke Mazar Hehurmal), Phulwarisharif,Patna -------------------- Petitioner Versus 1. The Chancellor, Universities of Bihar. 2. B.R.A. Bihar University, Muzaffarpur through its Registrar 3. The Vice-Chancellor, B.R.A. Bihar University, Muzaffarpur 4. Jai Prakash University through its Registrar, Chapra 5. Vice-Chancellor, J.P.University, Chapra 6. B.N. Mandal University through its Registrar, Laloo Nagar, Madhepura 7. Vice Chancellor, B.N.Mandal University, Madhepura 8. Nalanda Open University through its Registrar,Patna 9. Vice Chancellor, Nalanda Open University,Patna -------------- Respondents. ----------- 13 01-03-2011 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the Respondents. The present petition has been filed with a prayer to direct the Respondents to make payment of Pension, gratuity, Leave encashment, Provident Fund and other retiral dues of the petitioner. The petitioner, who retired with effect from 31.01.2005 as Registrar from Nalanda Open University, has prayed for directing the Respondents to clear all his retiral dues. The petitioner was initially appointed as a lecturer in Bihar University, Muzaffarpur in the year 1984. Subsequently, he was appointed as Dy. Registrar in the Bihar University, Muzaffarpur in the year 1988. While he was functioning as Dy. Registrar in the year 1993, on the recommendation of the Bihar State University ( Constituent Colleges) Service Commission, Patna, 2 he was appointed as Registrar of B.R.A. Bihar University, Muzaffarpur vide Memo No.B/2703 dated 22.11.1993. He was, thereafter, transferred as Registrar of Jai Prakash University, Chapra. He also functioned in the same capacity in B.N. Mandal University, Madhepura and lastly he functioned as Registrar of Nalanda Open University from 17.2.2004 to 31.1.2005 (till the date of his superannuation). In this case, counter affidavit has been filed on behalf of Respondent J.P. University as well as Nalanda Open University. It is not in dispute that the petitioner lastly superannuated from Nalanda Open University. However, the stand has been taken by Nalanda Open University that in view of Annexures A and B, the petitioner is entitled to get his retiral dues cleared from B.R.A. Bihar University. The fact remains that on the date of superannuation, the petitioner was posted as Registrar in the Nalanda Open University. On perusal of the counter affidavit, it appears that Respondents are simply shifting their responsibility to each other. However, the petitioner is waiting for his admitted retiral dues since 2005. It was submitted by Sri Ajay, learned counsel appearing on behalf of Nalanda Open University regarding payment of certain retiral dues requisition has been sent to B.R. A. Bihar University. In view of the fact that the petitioner has retired from Nalanda Open University, the Court is of the opinion that it is responsibility of Nalanda Open University to take all steps for 3 clearing all the retiral dues of the petitioner. Accordingly, the petition stands allowed with direction to Respondent nos. 8 and 9 to take all steps for clearing all the retiral dues of the petitioner, which is to be completed within three months from the date of receipt/production of a copy of this order. NKS/- ( Rakesh Kumar, J.)