IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.3093 of 2007 PROF. KEDAR NATH PRASAD SINHA, Son of Late Sadhu Sharan Sinha, Resident of Ojha Niwas (Near Ganga Singh College) Salempur, P.O. Chapra Town, District Saran, retired lecturer, Department of Psychology, Rajendra College, Chapra. -------- Petitoner Versus 1. The State of Bihar through Commissioner-cum-Secretary, Human Resources Development, Government of Bihar, Patna. 2. Baba Saheb Bhim Rao Ambedkar Bihar University, Muzaffarpur through its Registrar Shri Ashok Kumar Shrivastawa. 3. Shri Jairam Lal Meena, Vice Chancellor, Baba Saheb Bhim Rao Ambedkar Bihar University, Muzaffarpur. 4. Shri Ashok Kumar Shrivastawa, Registrar, Baba Saheb Bhim Rao Ambedkar Bihar University, Muzaffarpur. 5. Jai Prakash University, Chapra through its Registrar Shri Ashok Yadav. 6. Shri Arjun Prasad, Vice Chancellor, Jai Prakash University, Chapra. 7. Shri Ashok Yadav, Registrar, Jai Prakash University, Chapra. ----------- Opposite Parties with MJC No.1094 of 2008 Dr. Madhusudan Prasad Singh, Son of Late Yog Narayan Singh, Resident of Village & P.O. Koria Patti, P.S. Jadi Bazar, District Supaul, retired professor, department of Zoology, Jagdam College, Chapra. --------- Petitoiner Versus 1. The State of Bihar through Sri Anjani Kumar Singh, the Principal Secretary, Human Resources Development Department, Government of Bihar, Patna. 2. Baba Saheb Bhim Rao Ambedkar Bihar University, Muzaffarpur through its Registrar Shri Ashok Kumar Shrivastawa. 3. Shri Rajdeo Singh, Vice Chancellor, Baba Saheb Bhim Rao Ambedkar Bihar University, Muzaffarpur 4. Shri Ashok Kumar Shrivastawa, Registrar, Baba Saheb Bhim Rao Ambedkar Bihar University, Muzaffarpur. 5. Jai Prakash University, Chapra through its Registrar Shri Ashok Yadav. 6. Shri Ram Pravesh Sharma, Vice Chancellor, Jai Prakash University, Chapra. 7. Shri Ashok Yadav, Registrar, Jai Prakash University, Chapra. --------- Opposite Parties ----------- For the Petitioner :- Mr. Mahesh Narayan Parbat, Adv. For the Respondent :- Mr. Ambar Nath Banerjee, Adv. Lakmesh Marvind, AC to SC 20 Mr. Mithilesh Kumar Pathak, AC to SC 17 2 14 01.04.2010 Heard learned counsel for the parties in both the cases. The issue is plain and simple. This Court by an exhaustive order dated 15.9.2006 had issued certain directions for payment of interest on the amount of group insurance as also on deferred D.A. The appeal filed before this Court against the said judgment was dismissed by an order dated 13.9.2007 in L.P.A. No. 988 of 2006. Thereafter, the respondent Jai Prakash University has gone against the said order passed in LPA by filing Special Leave Petition No. -----/2008 (CC 14740-14743/2008). Mr. Ambar Nath Banerjee also submits that the Bihar University has also filed similar special leave petition arising out of the same matter. Mr. Parbat, however, would submit that this Court on earlier occasion had the opportunity to look into this aspect of the matter and this matter was adjourned for the compliance of the order. In this context, he would refer to the last order dated 9.2.2010. 3 In the opinion of this Court, once an appeal is pending before the Apex Court and the Jai Prakash University has paid already 10% of the interest over the group insurance amount leading to the dispute only for 2.5% as also whether simple or compound, it cannot be said that the Jai Prakash University is in contempt at least, till disposal of the pending special leave petition. This aspect of the matter in fact was settled by the Apex Court itself in relation to the contempt. Reference in this connection may be made to the case of Modern Food Industries (India) Ltd. & Anr. Vs. Sachidanand Dass & Anr. reported in 1995 (4) Supp. SCC 465. At this stage, Mr. Parbat would point out that whatever issue is pending before the Apex Court, that would confined only to the group insurance. In the opinion of this Court, when the order of the learned single Judge was in regard to both interest on the deferred D.A. and the interest on the amount of group insurance and the appeal of the University against the judgment as well was dismissed, the resultant special leave petition filed 4 before the Apex Court cannot be said to be confined only to one issue. That being so, both of these applications being devoid of any merit are hereby dismissed. Rsh (Mihir Kumar Jha, J.)