IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10675 of 2005 SRI KRISHNA PRASAD GUPTA Versus THE STATE OF BIHAR & ORS ----------- 5 25.11.2008 Petitioner was an employee of the Jai Prakash University. For the period 1.4.1985 to 20.8.1989 he was entitled to deferred Dearness Allowance amounting to Rs. 4784/-. In the year 1992 ,on bifurcation of Bihar University, he was allocated Jai Prakash University. The writ petition was filed for payment of retiral dues, all of which has been settled except this amount of deferred Dearness Allowance payable by the Bihar University . It has now been settled in the year 2008. Petitioner has been paid Rs. 7787/- as deferred Dearness Allowance for the period aforesaid along with interest upto the period 1992 only on the plea that after 1992, the liability would be of the Jai Prakash University. Having considered the matter. I find it to be quite absurd stand. The money which was due to the petitioner, was with- held and lay with the Bihar University. It is thus Bihar University that has to compensate the petitioner. I,therefore, direct that from 1992 upto the date of payment in the year 2008, Bihar University would pay the statutory interest for the delayed payment of deferred Dearness Allowance to the petitioner. The said payment must be made within one month. In case it is not made within one month, the petitioner would be at liberty - 2 - to file an application for initiating a contempt proceeding against the Vice Chancellor and the Registrar of the University. So far as group insurance is concerned, learned counsel for the University states that the principal amount along with simple interest at the rate of 10% has already been paid. The claim of the petitioner for payment of interest at the rate of 12 ½ % annually compoundable would be considered by the University after the judgment of the Supreme Court where the matter is now pending. With these observations and directions, the writ petition stands disposed of. singh (Navaniti Prasad Singh)