IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.16458 of 2011 Md. Safiullah, Son of Late Sheikh Atiullah, Resident of Village – Pakri Bazar, P.S. – Motihari Town, District – East Champaran……… Petitioner Versus 1. The State Of Bihar. 2. The Secretary, Human Resources Development Department, Higher Education, Government of Bihar, New Secretariat, Patna. 3. The Vice Chancellor, B.R.A. Bihar University, Muzaffarpur. 4. The Registrar, B.R.A. Bihar University, Muzaffarpur. 5. The Finance Officer, B.R.A. Bihar University, Muzaffarpur. ………. Respondents ---------------------------------- 2 20.09.2011 Heard Sri Devi Das Srivastava, learned counsel for the petitioner, Sri Ranjan Kumar, learned AC to Additional Advocate General No. 13, who appears on behalf of Respondent Nos. 1 & 2/State and Sri Harendra Kumar Tiwari, learned counsel appearing on behalf of Respondent Nos. 3 to 5 /B.R.A. Bihar University, Muzaffarpur. The petitioner, who retied with effect from 30.06.2008, as ‘Reader’, Department of Urdu & Persian from M.S. College, Motihari under the B.R.A. Bihar University, Muzaffarpur, has prayed for directing the Respondents to make payment of amount of gratuity, leave encashment, arrears of U.G.C. pay scale difference and other retiral dues. Learned counsel for the petitioner submits that after retirement the petitioner has received the amount of GPF and he is also getting pension but arrears have not been paid, for which, the petitioner has also approached the authority concerned. 2 So far claim of amount of gratuity and leave encashment are concerned, it is desirable to direct the Respondents, particularly Respondent Nos. 3 & 4/ Vice- Chancellor, B.R.A. Bihar University, Muzaffarpur and the Registrar, B.R.A. Bihar University respectively to take all steps for payment of the amount under the head of gratuity and leave encashment to the petitioner within a period of eight weeks from the date of receipt/production of a copy of this order. So far arrears are concerned, the petitioner is granted liberty to file a detailed representation before Respondent No. 3/Vice-Chancellor, B.R.A. Bihar University, Muzaffarpur, within a period of six weeks from today. If such representation is filed, Respondent No. 3, is required to examine the same and pass appropriate order in accordance with law within a period of four months from the date of filing of such representation. If Respondent No. 3, considers the claim of the petitioner as genuine, he is required to pass order for payment within aforesaid time. Even in case of refusal, Respondent No. 3 is required to pass a speaking order and communicate the same to the petitioner within four months from the date of filing of such representation. It goes without saying that the petitioner shall be entitled to get admissible statutory interest on 3 delayed payment. With above observation and directions the writ petition stands disposed of. Praful ( Rakesh Kumar, J.)