IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10358 of 2007 Prof.(Dr.)Karunakar Jha, S/O Late Pandit Ishwar Nath Jha, resident of House No.39, Bari Khanjarpur, P.S. Barari, 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 Deputy Registrar, T.M.Bhagalpur University, Bhagalpur 6. The State of Bihar through the Chief Secretary, Govt. of Bihar, Old Secretariat, Patna 7. The Secretary, Department of Finance, Government of Bihar, Old Secretariat, Patna 8. The Secretary, Human Resources Development Department, Govt. of Bihar, New Secretariat, Patna 9. The Director, Department of Higher Education, Govt. of Bihar, New Secretariat, Patna ------------------ Respondents. ----------- 12 07-07-2011 Heard Sri Purusottam Kumar Jha, learned counsel for the petitioner, Sri Anil Singh, learned counsel appearing on behalf of Respondent no.1 to 5 / Tilka Manjhi Bhagalpur University, Bhagalpur and Sri Anil Kumar Singh, learned A.C. to Standing Counsel no.6 , who appears on behalf of Respondent nos.6 to 9 /State of Bihar. The present writ petition was initially filed with a prayer to direct the Respondents to make payment of retiral dues and for granting of 50 % merger of dearness relief on his basic pension with effect from 01.01.2005. In this case, number of affidavits were filed on behalf of both the parties. While referring to Annexure-E to the Supplementary affidavit filed on behalf of the University on 19th February, 2009, Sri Anil Singh, learned counsel appearing on behalf of the University submits that most of retiral dues of the petitioner have already been paid. Sri Purushottam Kumar Jha, learned counsel for the petitioner 2 has drawn my attention to Annexure-E to the supplementary affidavit and submits that perusal of Annexure-E to the supplementary affidavit i.e. order dated 14.2.2009 passed by the Registrar of the University, makes it clear that arrear of pension and difference of salary of the petitioner were due. However, neither learned counsel for the petitioner nor learned counsel for the Respondents are in a position to inform the Court as to whether the aforesaid amount have been paid or not. In view of the facts and circumstances , the Court is of the opinion that the writ petition can be disposed of granting liberty to the petitioner to approach Respondent no.2/ Vice-Chancellor of the Tilka Manjhi Bhagalpur University, Bhagalpur by filing representation, if any amount as per Annexure-E to the supplementary affidavit is still due. If such representation is filed, the Court expects that Respondent no.2 will examine the same and pass appropriate order in accordance with law redressing the grievances of the petitioner preferrably within a period of four months from the date of filing of such representation. So far as the claim of petitioner for granting relief of merger of 50 % dearness relief on his basic pension with effect from 1.1.2005 is concerned, it was submitted by learned counsel for the petitioner that this issue has already been settled by this Court in number of cases, particularly in C.W.J.C.No.3616 of 2010 (Dr.Himanshu Bhushan Vs. T.M.Bhagalpur University & Ors.) and other connected writ petitions, which was disposed of on 3.12.2010. Learned counsel for the Respondents is not in a position to dispute that this issue has already been settled by this Court. In view of the facts and circumstances, the issue of merger of 3 50 % dearness relief on the basic pension has already been settled, the present writ petition on the point of granting relief of merger of 50 % dearness relief on petitioner’s basic pension is allowed in terms of order passed in Dr.Himanshu Bhusan’s case (supra). With above observation and direction, the writ petition stands disposed of. NKS/- ( Rakesh Kumar, J. )