IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14180 of 2004 RAJESH KUMAR & ORS. Versus THE STATE OF BIHAR & ORS ----------- 17/ 19-03-2010 Mr. Shashi Shekhar Tiwary for the petitioner, Mr. Ambar Nath Banerjee, learned counsel representing the B.R. Ambedkar Bihar University, Mr. Shivendra Kishore, learned counsel representing the J.P. University and Mr. Pritesh Kumar Lal, assisting counsel to S.C. 11 for the State are present. Pursuant to the order of this Court, Mr. Banarjee produces a cheque bearing no. 169077 dated 18.03.2010 drawn on the State Bank of India in the name of substituted petitioner for an amount of Rs. 75,305/- towards the pending claim. Learned counsel submits that this amount has been paid in the light of the recommendation of the Professor-in-Charge, Rajendra College, Chapra, placed at Annexure-A series of the counter affidavit filed on behalf of J.P. University and is without any statutory deductions including income tax which are required to be deducted by the University while making such payment. On the other hand, learned counsel for the petitioner submits that he is liable for some further amount from the University in respect of the claim aforesaid. He also submits that the petitioner is also entitled to interest on his group insurance amount and the deferred D.A. amount. Learned counsel for the University submits that so far as - 2 - payment of interest on group insurance and deferred D.A. is concerned, the same would be subject to the result of the matter pending before the Supreme Court. By presentation of the cheque aforesaid the receipt whereof is being taken from Mr. Shashi Shekhar Tiwary, learned counsel appearing on behalf of the petitioner, the B.R. Ambedkar Bihar University appears to have made the payment of the admissible dues as apparent from the record of the proceedings. However, if according to the petitioner, any further amount remains pending against the said head or any other head, the petitioner may bring the same to the notice of the University and the same may be considered and if any further amount is found admissible to the petitioner the same should be paid to him. However, the University shall also be at liberty to realise any outstandings remaining against the petitioner from his entitlements. As this Court had already taken note of the submission of the petitioner on earlier occasion that there are no pending dues against the J.P. University, in that view of the matter, nothing survives in the present writ petition and the same is disposed of in the light of the observation aforesaid. S.Sb/- (Jyoti Saran, J.)