IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.153 of 2006 SATYA NARAYAN MANDAL, S/o- Late Bhojal Mandal, resident of village-Sahebganj Chauki, P.S.-Kotwali, District-Bhagalpur. Versus 1. THE STATE OF BIHAR 2. The Chancellor, Tilka Manjhi Bhagalpur University Bhagalpur. 3. The Vice Chancellor, Tilka Manjhi Bhagalpur University, Bhagalpur. 4. The Registrar, Tilka Manjhi Bhagalpur University, Bhagalpur. 5. The Finance Officer, Tilka Manjhi Bhagalpur, University, Bhagalpur. 6. The Principal, T.N. College, Bhagalpur ----------- 3 12.01.2010 Heard Mr. Nitynand learned counsel appearing on behalf of the petitioner, Mr. Anil Singh learned counsel appearing on behalf of the Tilka Manjhi Bhagalpur University, Bhagalpur and Mr. Sanjay Kumar Pandey learned A.C. to G.A.15 for the State The writ petitioner who is the son of late Bhojal Mandal has filed the writ petition for payment of the retiral dues as admissible to his late father set out in paragraph 1 of the writ petition. It is stated that the father of the petitioner was functioning as a Class-IV employee in the Tilka Manjhi Bhagalpur University and superannuated with effect from 31.1.1994 and subsequently expired on 29.11.1997. It is stated that even the mother of the petitioner has expired before the filing of the writ petition on 19th January, 2002 2 and the death certificate is placed at Annexure-4 of the writ proceedings. The petitioner who is the son of late Bhojal Mandal thus representing the legal heirs, filed the writ petition for payment of the retiral dues as admissible to his late father. A counter affidavit was filed on behalf of the University and its authorities and in which the sole objection raised was with regard to production of succession certificate for enabling the University to make payment of the admissible dues of the petitioner. An interlocutory application was also filed on behalf of the other children of late Bhojal Mandal namely, Raju Mandal, Chunnu Mandal, Vijai Mandal and Sabitri Devi (daughter of late Bhajal Mandal) in which they have given a categorical no objection to the present petititoner to receive the admissible amounts of retiral benefits as accruing to their late father of their behalf. In view of the categorical statement made in the interlocutory application bearing I.A. No. 3295 of 2009 filed by the other legal heirs of Late Bhojal Mandal, the University authorities should not have any objection to disbursement of the post retiral dues as admissible to late Bhojal Mandal to the present petitioner. In the circumstances this writ petition is disposed of with a direction to the petitioner to present 3 himself before the respondent No.4, the Registrar of the University together with copy of this order, the family genealogy and an Indemnity bond undertaking to indemnify, in case any counter claim is raised on behalf of any of the contesting parties seeking a claim over the retiral dues of the late Bhojal Mandal and found correct. Needless to add that no sooner the petitioner presents the documents aforesaid and the copy of this order, the Registrar would take expeditious steps for payment of the retiral benefits admissible to late Bhojal Mandal to the present petitioner without any delay and not later than eight weeks from the date of receipt of such application. It is also made clear that statutory interest on admissible dues from the date the same become due until they become payable should also be paid to him. The writ petition is disposed of with the direction aforesaid. Bibhash (Jyoti Saran, J. )