IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5730 of 1994 1. Mahavidyalaya Shikshak Sangh, Sardar Patel Memorial College, Udantpuri, Biharisharif, P.S. Biharsharif, District Nalanda through its Secretary. 2. Janardan Prasad Singh, son of Bhikhari Prasad Singh, resident of Garhpar, P.S. Bihar, District Nalanda, Secretary Mahavidyalaya Shikshak Sangh, Sardar Patel Memorial College, Udantpuri, Biharsharif. ------ Petitioners Versus 1. State of Bihar through the Secretary, High Education, Human Resources Development Department, New Secretariat Building, Patna-800001. 2. Magadh University, Bodh Gaya through its Registrar, Police Station Bodh Gaya, District Gaya. 3. Vice-Chancellor, Magadh University, Bodh Gaya, Police Station Bodh Gaya, District Gaya. 4. Pro-Vice Chancellor, Magadh University, Bodh Gaya, Police Station Bodh Gaya, District Gaya. 5. The Finance Officer, Magadh University, Bodh Gaya, District Gaya. 6. Principal, Sardar Patel Memorial College, Udantpuri, Biharsharif (Nalanda)-803 101, P.S. Bihar, Dist. Nalanda. --------- Respondents ----------- 5 24.6.2011 Having heard learned counsel for the petitioner as with regard to the following relief:- “1(i) To deposit the deduction made from the salaries of the teacher members of the petitioner-association against the Provident subscription and provident fund loan recovery in their respective accounts along with interest @ 12%. (ii) To deposit the amount of deferred dearness allowance which was to be deposited in provident fund, in their respective accounts from July 2 91 to March, 94 along with interest. (iii) To pay the deferred dearness allowance payable to the teachers of the said college from March 82 to February, 90 along with interest. (iv) To pay the interim relief granted to the teachers members of the petitioner association from March, 83 to March, 86. (v) To pay the arrears due to promotion and implementation of New UGC scale and the P.F. amount accordingly from January 86 to Feb. 90.” this Court is of the considered opinion that when the members of the petitioners’ association represented by the petitioner no.1 have already been paid their principal amount as is admitted in the proceeding of the subsequent case filed by the petitioners themselves, the issue of payment of interest at par with other constituent colleges of Magadh University can be made subject matter by the petitioners either before the authority, who is liable to pay such interest or the statutory authority who is vested with the power to supervise the payment of provident fund and/or its interest to the employees by the employer. 3 In that view of the matter, this Court would give liberty to the petitioners to approach the Vice Chancellor of the University for payment of interest and, in the event, such a request is not acceded to, they will have liberty to approach the Provident Fund Commissioner for alleged violation of the statutory provision as with regard to the payment of interest on the accumulated amount. As with regard to the remaining of the grievances of the petitioners’ association either in relation to the deferred dearness allowance or interim relief for the period 1982-90 or for the implementation of new UGC pay-scale, the petitioners will have similar liberty to move the competent authority of the University, inasmuch as, it is the University who has to obtain the fund from the State Government and, therefore, if such a fund have already been released by the State Government, the University has to make payment to the members of the petitioners’ association but, if such a fund has not been released by the State Government to the 4 University, the University will have to approach the State Government for release of the fund. The State Government, in process of such examination of the requisition of fund made by the University for payment of the aforesaid amount of interest of provident fund/interim relief/deferred dearness amount, would look into the respective budgetary allocation made by the University in the relevant years of 1982-90 and if it is found that certain amount payable was not released by the State Government, the same would be released forthwith but, if such amount was already released by the State Government to the University, it would only communicate this fact to the Registrar of the University, whereafter, the University will do the needful as with regard to the payment of admitted amount on the aforesaid. Such an exercise, however, must be completed by the authorities of the University and the State Government within a period of six months from the date of filing of individual representation by the person concerned claiming such monetary benefit in 5 the form of dearness allowance, interim relief, provident fund etc. With the aforementioned observations and direction, this application is disposed of. Rsh (Mihir Kumar Jha, J.)