IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13710 of 2007 Prof. Shyama Nand Jha, Son of Late Krishna Mohan Jha, Resident of Village +P.O. – Jhandapur, P.S. – Bihpur, District - Bhagalpur. ------------- Petitioner Versus 1. The Tilka Manjhi Bhagalpur University, Bhagalpur through its Registrar. 2. The Vice-Chancellor, T.M. Bhagalpur University, Bhagalpur. 3. The Pro-Vice Chancellor, T.M. Bhagalpur University, Bhagalpur. 4. The Registrar, T.M. Bhagalpur University, Bhagalpur. 5. The Finance Officer, T.M. Bhagalpur University, Bhagalpur. 6. The Principal, J.P. College, Narayanpur, District – Bhagalpur. 7. The State of Bihar, through the Chief Secretary, Government of Bihar, Old Secretariat, Patna. 8. The Commissioner-cum-Secretary, Department of Finance, Government of Bihar, Old Secretariat, Patna. 9. The Commissioner-cum-Secretary, Department of Higher Education, Government of Bihar, New Secretariat, Patna. 10. The Director, Department of Higher Education, Government of Bihar, New Secretariat, Patna. ---------- Respondents ----------- 10 22.07.2011 Heard Sri Purushottam Kumar Jha, learned counsel for the petitioner, Sri Anil Singh, learned counsel appearing on behalf of respondent nos. 1 to 5/Tilka Manjhi Bhagalpur University, Bhagalpur and Sri Shankar Kumar Chaudhary, learned counsel appearing on behalf of respondent nos. 7 to 10/State of Bihar. The present writ petition was filed in the year 2007 with a prayer to direct the respondents to pay retrial dues as well as for a declaration that the petitioner was entitled to get relief of merger of 50% of the dearness relief on his basic pension with effect from 01.01.2005. The petitioner while functioning as University Professor, Department of Economics, J.P. College under the Tilka Manjhi Bhagalpur University, Bhagalpur, had retired with effect from 31.01.2003. 2 In this case number of affidavits were filed on behalf of the respondent / University. In a supplementary affidavit filed in the month of February, 2009, the University had brought on record an order passed by the Registrar of the University dated 14.02.2009 (Annexure – E to the said affidavit) whereby it was made clear that all the retrial dues of the petitioner was paid before the date of passing of the order however an amount for Rs. 7,58,401/- was shown outstanding under the head of difference of salary. Subsequently, on 19th July, 2011, a further affidavit was filed on behalf of University. It was made clear that even the outstanding difference of salary was already paid in the month of August, 2009. Learned counsel for the petitioner disputes that earlier order of the Registrar dated 14.02.2009 makes it clear that under the head of difference of salary total dues was Rs. 7,58,401/-. However, in the affidavit which was filed in the month of July, 2011, it has been indicated that an amount of Rs. 7,08,831/- was only paid. Accordingly, it was submitted that petitioner is entitled to get remaining Rs. 50,000/-. Sri Anil Singh submits that the amount shown in Annexure – E was tentative. However, after final audit the claim had come to the tune of Rs. 7,08,831/-, and as such, there is no outstanding at present. In view of the facts and circumstances the court is of the opinion that all the retrial dues of the petitioner have already been 3 paid. So far claim of merger of 50% dearness relief is concerned, learned counsel for the petitioner submits that this issue has already been decided by this court in number of cases including in CWJC No. 3616 of 2010 (Dr. Himanshu Bhushan Vs Tilka Manjhi Bhagalpur University, Bhagalpur & Ors.) and other connected writ petitions on 03.12.2010. This fact has not been disputed by learned counsel for the University. Accordingly, the writ petition stands allowed so far merger of 50% of dearness relief is concerned in terms of order passed in Dr. Himanshu Bhushan’s Case (Supra). Praful ( Rakesh Kumar, J.)