IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7844 of 2007 ASIM KUMAR MUKHERJEE Versus THE STATE OF BIHAR & ORS ----------- For the Petitioner : Mr. Shivendra Kishore For L. N. Mithila University : Mr. Pushkar Nr. Shahi For the State : Mr. Kumar Malendu, J.C. to A.A.G.8 ------------ 09/ 07.07.2008 Heard learned counsel for the petitioner, learned counsel for Lalit Narayan Mishra University, Darbhanga (hereinafter referred to as `the University’ for the sake of brevity ) and learned counsel for the State. This writ petition has been filed by the petitioner for his pre and post retiral dues as he retired from the post of University Professor in R. K College, Madhubani under the said University on 31.07.1993. It transpires that the petitioner had claimed Rs.1,19,222/- as his pre-retiral dues but the said amount was paid by the University to the petitioner during the pendency of this writ petition on 02.10.2007. The petitioner had also claimed Rs.5,39,539/- as post retiral dues which was also paid by the University during the pendency of the writ petition on 31.07.2006. In the said circumstances, this Court vide order dated 08.10.2007 observed that on the adjourned date, the remaining claim of the petitioner on account of interest will be adjudicated. Learned counsel for the petitioner submits that the petitioner is entitled to interest on his aforesaid pre-retiral dues from July 1993 till October, 2007 when the said amount was paid. He further 2 submits that the petitioner is also entitled to interest on the post retiral dues amounting to Rs.5,39,539/-, which was due from 01.09.1997, but was paid on 31.07.2006. Hence the petitioner says that pre-retiral arrears remained due for 14 years, whereas, post retiral dues remained due for 9 years and hence the petitioner was entitled to interest thereon as per order of this Court dated 08.08.2006 passed in C.W.J.C. No. 12838 of 2005. Learned counsel for the University submits that so far the post retiral dues are concerned, on 08.07.2001 the State Government implemented U.G.C. scale with effect from 01.01.1996 and directed payment on that basis. Hence he submits that only thereafter the University could fix the post retiral arrears of the petitioner. With regard to pre-retiral arrears, learned counsel for the University submits that the entire amount has been paid to the petitioner during the pendency of the writ petition. Considering the facts and circumstances of this case, no doubt the U.G.C. scale was made effective from 01.01.1996, but the order of the State Government was passed on 08.07.2001. Hence, this Court feels that the petitioner is not entitled to any interest on post retiral dues , which were duly paid to the petitioner by the University on 31.07.2006.. However, so far pre-retiral dues of Rs.1,99,222/- is concerned, it is quite apparent that it had remained due from July, 1993 to 02.10.2007 when the same was paid through cheque dated 02.10.2007 by the University to the petitioner. There is no valid reason to explain the said unusually long delay and this Court sees no 3 justification for the Government for not releasing the fund earlier. Hence the petitioner has become entitled to interest on the said amount. In the said circumstances, this writ petition is disposed of with a direction that interest at the rate of 5% per annum flat be paid by the University to the petitioner on amount of Rs.1,19.222/- from July, 1993 till the date of payment i.e. 02.10.2007. The State Government is directed to release the said fund to the University within three months from today separately for payment of interest to the petitioner, whereafter the University shall pay the same to the petitioner immediately thereafter. Let one copy each of this order be handed over to the learned A.A.G.VIII and learned counsel for the University. MPS/ ( S. N. Hussain, J. )