IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1896 of 2008 DR. ROMA MITRA, Wife of late Dr. Nihar Ranjan Mitra, resident of Professor’s Colony, Patel Nagar, P.O. – T.N.B. College, Bhagalpur, P.S. -T.M.B.U. Police Station( Kotwali), Town and District- Bhagalpur. -------Petitioner. Versus 1. The T.M Bhagalpur University, Bhagalpur, through its Registrar, namely, Mr. V.K. Das. 2. The Vice Chancellor, T. M. Bhagalpur University, Bhagalpur, namely, Mrs. Prema Jha. 3. The Registrar, T. M. Bhagalpur University, Bhagalpur, namely, Mr. V.K. Das. 4. The Finance Officer, T. M. Bhagalpur University, Bhaglapur, namely, Mr. S. C. Jha. 5. The Head of the Department, Post Graduate Department of Physics, T. M. Bhagalpur University, Bhagalpur, namely, Mr. Md. Rafique. 6. The State of Bihar, through the Commissioner-cum- Secretary, Department of Finance, Government of Bihar, Old Secretariat, Patna, namely, Mr. N.K. Sinha, I.A.S. 7. The Commissioner-cum- Secretary, Department of Higher Education, Government of Bihar, New Secretariat, Patna, namely, Mr. A. K. Singh, I.A.S. 8. The Director, Department of Higher Education, Govt. of Bihar, New Secretariat, Patna, namely, Mr. D. Kumar………..Opposite Parties. ----------- 7. 21.5.2009. In compliance of the order of the writ court dated 18.3.2008 passed in C.W.J.C. No.3112 of 2007, the Vice Chancellor, Tilka Manjhi Bhagalpur University, Bhagalpur, has passed the order dated 16.5.2009 whereunder the petitioner has been allowed payment of arrears of family pension to the tune of Rs. 6,02,164/-and arrears of salary to the extent of Rs. 52,848/-. Let the Director, Higher Education, ensure release of the aforesaid amount to the account of the University within one month from today and immediately thereafter the University should transfer the said amount to the account of the petitioner but petitioner should withdraw only to the extent of 50% of the transferred amount until the - 2 - finalization of the account of the petitioner by the Government Auditor. While withdrawing the amount to the extent of 50%, the petitioner would undertake that the excess amount, if any, found by the Government Auditor, shall be refunded to the University within one week of the communication of the order indicating the excess payment made to the petitioner. In the event the petitioner questions the adjudication made under order dated 16.5.2009 she is at liberty to invite the attention of the Vice Chancellor towards the order and the Vice Chancellor shall be obliged to consider the same and pass appropriate orders after hearing the petitioner or her counsel on the further representation and the order be communicated to the petitioner within one month of the date of the receipt of the representation. The Vice Chancellor shall also furnish the calculation chart on the basis of which the amount has been arrived at in the order dated 16.5.2009. With direction aforesaid, the contempt application is disposed of. U.K. (V.N.Sinha,J)