IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6361 of 2007 DR. DURGA KUMARI JHA, Daughter of Late Sundar Lal Jha and Wife of Late Batesh Nath Jha, Resident of 'Durga Sadan', Hanumant Nagar, Ward No. 11, Police Station & District – Araria. -------- Petitioner Versus 1. THE STATE OF BIHAR 2. Commissioner and Secretary, Higher Education Department, Government of Bihar, Patna. 3. Vice-Chancellor, Lalit Narayan Mithila University, Kameshwarnagar, Darbhanga. 4. Registrar, Lalit Narayan Mithila University, Kameshwarnagar, Darbhanga. 5. Finance Officer, Lalit Narayan Mithila University, Kameshwarnagar, Darbhanga. ----------- Respondents ---------- 2 19.05.2011 Heard Sri Gyanand Roy, learned counsel for the petitioner, Sri Apurva Kumar, learned A.C. to Standing Counsel No. 10, who appears on behalf of respondent nos. 1 & 2/State and Sri Santosh Kumar Jha, learned counsel appearing on behalf of respondent nos. 3, 4 & 5/Lalit Narayan Mithila University, Darbhanga. The petitioner who retired as University Professor, Department of Chemistry from M.R.M. College, Darbhanga, with effect from 31.12.2003 has prayed for directing the respondents to make payment of difference of pension, difference of gratuity and difference of leave encashment in view of revision of pay. The petitioner after calculation has made specific assertion that amount under the head of difference of pension is Rs. 1,45,821/- , difference of gratuity is Rs. 2,55,500/- and difference of leave encashment is Rs. 2,40,136/- total comes to Rs. 6,41,457/-. Learned counsel for the petitioner submits that for aforesaid claim the petitioner had filed repeated 2 representations before the authority concerned but all went in vain. He further submits that the writ petition was filed in the year 2007, however, till date, no counter affidavit has been filed. Learned counsel for the parties are agreed on the point of disposal of the writ petition granting liberty to the petitioner to file a fresh representation before the competent authority. In view of stand taken by the parties there is no need to further keep the matter pending. The writ petition stands disposed of granting liberty to the petitioner to file a detailed representation before respondent no. 3/Vice-Chancellor, Lalit Narayan Mithila University, Darbhanga, within a period of six weeks from today. If such representation is filed, respondent no. 3, is directed 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 he considers the claim of the petitioner as genuine, he is required to pass order within aforesaid time. It is made clear that the petitioner shall be entitled to get statutory admissible interest on the delayed payment. Even in case of refusal, respondent no. 3, is directed to pass a speaking order within aforesaid time. With above observation and direction the writ petition stands disposed of. 3 Praful (Rakesh Kumar, J.)