IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.3911 of 2009 1. THE ANUGRAH NARAYAN SINHA INSTITUTE OF SOCIAL STUDIES, PATNA THROUGH ITS DIRECTOR. 2. THE DIRECTOR, A.N.SINHA INSTITUTE OF SOCIAL STUDIES, PATNA-800001. 3. THE BOARD OF CONTROL, THROUGH ITS CHAIRMAN, A.N.SINHA INSTITUTE OF SOCIAL STUDIES, PATNA-800001. ……………RESPONDENTS ……………PETITIONERS Versus 1. SRI T.N.DUBEY (EX.HEAD TYPIST) S/O LATE RAMESHWAR DUBEY, R/O MOHALLA-MAHABIR MANDIR, MOK PATH, ANISABAD, P.S.-PHULWARISHARIF, DISTRICT-PATNA-800002. ………………PETITIONER ………………RESPONDENT With MJC No.2817 of 2009 SRI T.N.DUBEY (EX.HEAD TYPIST) S/O LATE RAMESHWAR DUBEY, R/O MOHALLA-MAHABIR MANDIR, MOK PATH, ANISABAD, P.S.-PHULWARISHARIF, DISTRICT-PATNA-800002. ………………PETITIONER Versus 1. THE STATE OF BIHAR, THROUGH SRI ANJANI KUMAR SINGH, AT PRESENT WORKING AS THE SECRETARY, MINISTRY OF HUMAN RESOURCES DEPTT. HIGHER EDUCATION, BIHAR, PATNA. 2. THE ANUGRAH NARYAN SINHA INSTITUTE OF SOCIAL STUDIES, PATNA THROUGH ITS DIRECTOR, SRI ANJANI KUMAR SINGH. 3. SRI ANJANI KUMAR SINGH, WORKING AS THE DIRECTOR, A.N. SINHA INSTITUTE OF SOCIAL STUDIES, PATNA. 4. THE BOARD OF CONTROL, THROUGH ITS CHAIRMAN SRI HARI KISHORE SINGH, A. N. SINHA INSTITUTE OF SOCIAL STUDIES, PATNA. …………………CONTEMNOR-OPP. PARTIES. ----------- 3 14.07.2010 MJC 2817 of 2009 This MJC has been filed for initiating a proceeding of contempt against the opposite parties for alleged non- compliance of the order dated 26.09.2008 passed in the writ application of the 2 petitioner in a batch. The opposite parties have filed show cause in the matter. It is stated that the opposite party is an institute and not a subordinate authority of the State Government. It meets its financial liabilities from the grants of the State Government and Indian Council of Social Science Research (for short ‘the Council’). It is stated that after implementation of 5th Pay Revision Committee report the pension of the petitioner was revised and he is getting his pension as per the current rates. However, arrears under the head of pension, gratuity and leave encashment, as per the revised rates calculated from retrospective date, are pending for payment. It is stated that the Institute has already written to State Government as well as the Council for release of necessary grants. It is also stated that no retired employee has been paid his difference of pension, gratuity and leave encashment on account of revision, awaiting specific grant for the purpose. It is also stated that the petitioner has not been differentiated in the matter and all the 3 retired employees of the Institute are being treated uniformally in the matter of payment of arrears on account of revision of pay and pension. Learned counsel for the petitioner submits that the calculation of dues of the petitioner is not correct. He refers to paragraph 3 of his supplementary affidavit to show that the dues has to be calculated under some other heads also and has to be paid to him as per the orders of this Court. Referring to Annexure-3, 4 and 5 of MJC 3911 of 2009, which has been filed by the Institute for modification of the order of this Court passed in the writ matter, Mr. Lalit Kishore, learned senior counsel submits that the Institute has already taken steps for grant of fund for release of the said amount to its retired employees. The said Annexures show that the Institute has written to State Government as well to the Council for release of necessary funds. Mr. Lalit Kishore assures that the petitioner will get his arrears from the next allotment received by the Institute from two agencies for the purpose. He also assures 4 that if the petitioner has any grievance with regard to calculation of dues, he may approach the Director and the Director will ensure that the calculations are checked up in presence of the petitioner by the concerned office and corrections are made, if necessary. In view of such assurance by Mr.Lalit Kishore on behalf of the Institute, this Court is not inclined to proceed in the contempt matter and the same is disposed of. The modification petition, MJC No. 3911 of 2009, is also disposed of accordingly. It is advisable that the Institute takes further steps in right earnest to get allotments from different agencies for clearing the dues of its retired employees at an early date. Arvind/ ( J. N. Singh, J.)