IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10920 of 2011 Kailash Prasad Singh son of Late Bhubneshwar Prasad Singh resident of Mohalla Nasrat Khani, P.O. Champa Nagar, Police Station Nath Nagar, District Bhagalpur. ... ... Petitioner. Versus 1. The State Of Bihar 2. The Secretary, Higher Education, Department of Human Resources and Development, Government of Bihar, Patna. 3. The Tilka Manjhi Bhagalpur University, Bhagalpur through its Vice Chancellor. 4. The Vice Chancellor, Tilka Manjhi Bhagalpur University, Bhagalpur. 5. The Registrar, Tilka Manjhi Bhagalpur University, Bhagalpur. 6. The Finance Officer, Tilka Manjhi Bhagalpur University, Bhagalpur. 7. The Principal, S.M. College, Bhagalpur. ... ... Respondents. ----------- 2. 12.7.2011. Heard Shri Abdul Mannan Khan, who was assisted by Shri Suman Kumar, learned counsel for the petitioner, Shri Krishna Chandra, learned A.C. to learned Advocate General, who appears on behalf of respondent nos.1 and 2/State and Shri Ashok Kumar Keshari, learned counsel appearing on behalf of respondent nos.3 to 6/Tilka Manjhi Bhagalpur University. The petitioner, who retired with effect from 31.7.1999 as Lab Boy (Class IVth employee), Department of Physics, S.M. College, Bhagalpur under Tilka Manjhi Bhagalpur University, has prayed for directing the respondents for granting 2 following reliefs : i) Re-fixation of pension in the revised pay scale of 1.1.2006 and arrears of pension in that pay scale w.e.f. 1.4.2007 till today and till payment is made. ii) Arrears of difference of pension and relief from 1.8.1999 to March 2007 in revised pay scale of 1.1.1996. iii) Arrears of difference of pension due to merger of 50% D.A. in basic pension for the period 1.1.2005 to March 2007 w.e.f. January 2005. iv) Arrears of difference of salary and D.A. from March 1989 to July 1999. v) Arrears of difference of gratuity on the basis of the letter no.1972 of the Govt. of Bihar. vi) Statutory as well as penal interest @ 18% per annum since the date it became due and 3 till the payment is made. Learned counsel for the petitioner submits that so far as revision of pension and merger of 50% Dearness relief is concerned, the issue has already been settled by this Court in number of cases, particularly in C.W.J.C. No.3616 of 2010 (Dr. Himanshu Bhushan Vs. Tilkamanjhi Bhagalpur University and others) and other connected writ petitions disposed of on 3.12.2010. Learned counsel for the respondents are not in a position to dispute the fact that issue has been settled by this Court in the said case. Accordingly, the prayer of petitioner for revision of pension with effect from 1.1.2006 and merger of 50% Dearness relief on basic pension of the petitioner with effect from 1.1.2005 is allowed in terms of order dated 3.12.2010 passed in C.W.J.C. No.3616 of 2010 (Dr. Himanshu Bhushan Vs. Tilkamanjhi Bhagalpur University and others) and other connected writ petitions. So far as other reliefs are 4 concerned, with the consent of parties, the writ petition is being disposed of granting liberty to the petitioner to file a fresh representation before respondent no.4/Vice Chancellor, Tilka Manjhi Bhagalpur University within a period of six weeks from today. If such representation is filed, court expects that respondent no.4 will examine the same and pass appropriate order in accordance with law redressing the grievances of the petitioner. If the respondent no.4 considers the claim of the petitioner as genuine, he is required to pass order for payment within a period of four months from the date of filing of such representation. Even in case of refusal, respondent no.4 is required to pass a speaking order within aforesaid time and communicate the same to the petitioner within said time. The court expects that if requisition is sent by the University for allocation of fund for redressal of grievances of the petitioner, the respondent/State will take step for releasing the fund without any delay. 5 With above observation and direction, the writ petition stands disposed of. N.H./ ( Rakesh Kumar,J.)