IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2240 of 2009 MRS.PREM KUMARI KAMAL Versus THE STATE OF BIHAR & ORS ----------- 2. 17.2.2009 Heard counsel for the petitioner and the counsel for Mithila University. There is no dispute with regard to entitlement of the petitioner as in respect of her retirement benefit. From Annexure 3, the notification of the University dated 9.7.2005, it becomes clear that the petitioner has been ultimately absorbed in the services of the University pursuant to the order of the Apex Court in the light of the report submitted by the Hon’ble Chancellor. Since the petitioner has superannuated on 31.10.2004 and such a decision of the University with respect to his absorption was taken later on, there could have been some justification for not paying the retirement benefit till the decision was taken on 9.7.2005 but thereafter the University cannot withhold the admitted payment of her pension and other retirement benefit. In that view of the matter, the 2 authorities of the University are hereby directed to make payment of the admitted retirement benefit of the petitioner, for the time being strictly on the basis of her last salary drawn. Subsequently when the issue of these 36 Colleges of 4th phase and their entitlement would be decided the petitioner will be entitled for further enhancement in retirement benefit in accordance with law. This application, accordingly, stands disposed of. (Mihir Kumar Jha,J.) Surendra/