IN THE HIGH COURT OF JUDICATURE AT PATNA MJC NO.2560 OF 2009 PROF.(DR.)MURARI LAL SHARMA VERSUS TILKAMANJHI BHAGALPUR UNI.&ORS ********** 17 06/07/2011 This contempt application was filed for implementation of the orders of this Court dated 16.09.2010 passed in MJC No. 3080 of 2006 by which it had been held that the petitioner would be entitled to merger of 50 % Dearness relief which have recently been decided in favour of the teachers in the case of Prof. (Dr.) Ram Dinesh Sharma vs. the Tilkamanjhi Bhagalpur University and Others (LA No. 434 of 2008) disposed of on 23.07.2008. A stand has been taken on behalf of the State Government as well as the University that the State of Bihar has filed a S.L.P. against the order of the Division Bench challenging the grant of 50 % Dearness Relief in favour of the University employees. It may be stated here that all those persons who had come to this Court i.e. 09 out of ten of them were granted the benefit of 50 % merger of Dearness Relief by various orders passed by this Court in contempt applications.Ultimately,the State Government agreed that they would release the amount in favour of the petitioner 2 if the petitioner gave an undertaking in writing that he would return the said amount in case the State of Bihar succeeded before the Supreme Court. Accordingly, an affidavit has been filed on behalf of Prof. (Dr.) Murari Lal Sharma, the petitioner, wherein he has stated that “the petitioner undertakes to abide by the order of the Apex Court, which have been filed by the State of Bihar, against the order of the Division Bench of this Hon’ble Court in L.P.A. No. 434 of 2008”. He further states that “the petitioner further undertakes to accept the same treatment which will be extended to the private respondents in the said S.L.Ps., which relates to the grant of 50 % D.R. in the basic pension in their basic pension”. Accordingly, the Special Secretary, State Government vide memo no. 475 dated 17.05.2008 had issued an order to the University to make payment of 50 % Dearness Relief to the petitioner subject to the ultimate result of the S.L.P. Accordingly, it is expected that the University would be making the same payment as expeditiously as possible. This application is accordingly disposed of. Anand ( Sheema Ali Khan, J. )