IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.3486 of 2010 Dr. Raj Narayan Singh Versus The State Of Bihar & Ors. ---------------------------------- 6 02.09.2011 Heard learned counsels for the petitioner and the State. A rejoinder to the show cause has been filed on behalf of the petitioner today. Petitioner alleges disobedience of the order dated 22nd January, 2002 passed in CWJC No. 12440 of 2010 as contained in Annexure-1. This Court directed the authorities of the University to prepare a fresh calculation of the entitlements of the petitioner with regard to GPF as also the statutory interest thereof from the due date till the date of payment. It was further directed that with regard to the Gratuity petitioner was given liberty to make representation giving full details of his claim which the authorities were required to consider and the outstanding amount, if any, on account of such gratuity along with interest @ 18 % would be payable. The aforesaid order was subjected to appeal vide LPA No. 301 of 2002 which was disposed of by order dated 20th April, 2010 in which the direction to pay interest at the rate of 18 % was reduced to 9 %. Learned counsel for the petitioner submits that the University has although passed a reasoned order vide office order no. 398 dated 13th August, 2010 as contained in Annexure-A to the show cause. Besides stating that 9% interest on GPF amounting to Rs. 1,87,801/- for the period from October, 1986 to June, 2002 and also 9% interest over the balance gratuity amount to the tune of Rs. 52,122/- were paid as per the voucher no. 48 dated 30th September, 2002. In the aforesaid reasoned order it was mentioned that as 9% interest over the GPF and balance gratuity has already been paid to the petitioner in the month of September, 2002, hence no further interest amount is payable to him. Learned counsel contended that the aforesaid reasoned order was assailed by him in the writ petition vide CWJC No. 17739 of 2010 so far the order speaks for recovery of the excess amount on account of interest under different heads other than GPF and Gratuity amount to Rs. 3,35,325/-. The said writ petition was disposed of permitting the petitioner to make representation which would be considered by the authority and till then the order with respect to recovery was kept in abeyance. As regards the present case, it is submitted on behalf of the petitioner that he has not been made aware as to who this amount of Rs. 1,87,801/- on account of interest @ 9 % has been arrived at in absence of any detailed calculation. Learned counsel for the University submits that the aforesaid reasoned order as contained in Annexure-A to the show cause was assailed by the petitioner in the writ petition vide CWJC No. 17739 of 2010 disposed of on 27th August, 2010, however, the decision of the University with regard to payment of interest over the GPF and Gratuity was not assailed, and as such, that attained finality. Be that as it may, considering the submissions of the parties, I am not inclined to proceed with the matter any further. However, it is directed that let the University provide a calculation chart to the petitioner with regard to the payment of GPF and Gratuity with interest. It is expected that such detailed chart would be provided to the petitioner expeditiously preferably within a period of one month from today. The MJC application accordingly stands disposed of. Manish/- ( Shailesh Kumar Sinha, J.)