IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10148 of 2005 RAM BILAS SINGH Versus THE STATE OF BIHAR & ORS ----------- 7 30.04.2010 Heard Mr. Sanjeev Kumar, learned counsel for the petitioner, Mr. A.K. Keshri, learned counsel for the University, Mr. Shailendra Kumar Jha, learned A.C. to S.C.9 for the State and Mr. Dhruba Mukherjee, learned counsel for the Principal Incharge, S.K.R. College, Barbigha. The petitioner superannuated from the post of Reader in Chemestry from S.K.R. College, on 31.12.2004, a constituent College of Tilka Majhi Bhagalpur University, Bhagalpur. Admitted position is that during the pendency of the proceeding almost the entire post retiral and other dues as found admissible to the petitioner has been paid to him and has been brought on record by way of a counter affidavit filed on behalf of the University on 28.4.2010. Today a rejoinder to the said counter affidavit has been filed on behalf of the petitioner, disputing the calculations as regarding the gratuity amount as also regarding - 2 - the arrears of salary and other dues. In paragraph 4 of the rejoinder the petitioner submits that though he is entitled for a gratuity amount of Rs. 3,50,000/-, the University has sanctioned and paid an amount of Rs. 1,71,350 and thus the petitioner is entitled to a further amount of Rs. 1,78,650/- under the head of gratuity. In paragraph 5 of the rejoinder the petitioner relying upon a communication of the Principal of the College dated 16.5.2007 (Annexure-20) submits that the petitioner is entitled to a further amount of Rs. 5,43,134/- as per the calculations made by the Principal. He submits that though the University in their counter affidavit have made a statement of payment of arrears of salary to the tune of Rs. 3,67,359/- but in fact the arrears of salary received by the petitioner is to the tune of Rs. 5,62,677/- and to that extent the statement of the University is not correct. Learned counsel for the petitioner in addition to the aforesaid pending claims further refers to the statement of the University itself made in the counter affidavit admitting the non payment of the leave - 3 - encashment amount. He thus submits that the petitioner is entitled for the aforesaid payment(s). Having regard to the statements made at the bar and upon perusal of the materials on record, I am of the opinion that the writ petition can be disposed of with a liberty to the petitioner to raise his claim for payment of the gratuity amount, the arrears of salary amount in terms of the calculation provided in the letter dated 16.5.2007 of the Principal addressed to the Registrar of the University and the leave encashment amount which according to the University itself is pending and which should be considered by the respondent No.4, the Registrar, T.M. Bhagalpur University and the admissible payments arising there from should be paid to the petitioner with admissible statutory interest thereon calculated until the date of payment within a period of three months from the date on which such representation is filed. Needless to add that such of the claim advanced on behalf of the petitioner, not found admissible by the Registrar of the University, should be disposed - 4 - of by a reasoned and speaking order . The writ petition is disposed of with the direction aforesaid. Bibhash (Jyoti Saran, J.)