IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7306 of 2011 Dr.Nageshwar Singh, S/O Late Ram Lagan Singh, resident of Vatayan, College Road, Barbigha, P.O. and P.S. Barbigha, District-Sheikhpura ------------------------------- Petitioner Versus 1. The State Of Bihar through Principal Secretary, Higher Education, Bihar, Patna 2. The Vice-Chancellor, Tilkamanjhi Bhagalpur University, Bhagalpur 3. Tilkamanjhi Bhagalpur University, Bhagalpur through its Registrar, District-Bhagalpur 4. The Auditor, Tilkamanjhi Bhagalpur University, Bhagalpur 5. The Auditor, for the State of Bihar, posted at Tilkamanjhi Bhagalpur University, Bhagalpur 6. The Principal, S.K.R. College, Barbigha, P.S. Barbigha, District- Sheikhpura ---------------------- Respondents. ----------- 02 26-04-2011 Heard Sri Ajay Kumar Mukherjee, learned counsel for the petitioner, Ms. Ratna Das, learned A.C. to Standing Counsel No.8, who appears on behalf of Respondent no.1 and learned counsel appearing on behalf of Respondent/ Tilkamanjhi Bhagalpur University, Bhagalpur. The petitioner , who retired with effect from 31.5.1999 as Professor ( Philosophy ) from S.K.R. College, Barbigha, has prayed for directing the Respondents to make payment of retiral dues in view of U.G.C. Scale ( revised pay scale) and further for payment of (a) arrear of difference amount of pension as per UGC Scale,1996 ( revised pay scale) from June 1999 to August,2005 ,(b) Arrear of pension for the period of March,2003 to July 2005 ( between that period pension only three months has been paid to the petitioner), (c) Arrear of difference amount of salary as per UGC Scale ( revised pay scale ) from July 1982 to May,1999, (d) Arrear amount of 50 % merger of D.A., (e) 2 other admissible dues attached to the post concerned along with statutory admissible interest. Learned counsel for the petitioner submits that so far merger of 50 % Dearness relief on his basic pension is concerned, issue has already been settled by this Court in C.W.J.C.No.3616 of 2010 ( Dr. Himanshu Bhushan Vs.T.M.Bhagalpur University , Bhagalpur & Ors.) and other analogous cases. It was further submitted that for remaining relief, the petitioner may be granted liberty to file a fresh representation before the competent authority. In view of the facts and circumstances, the writ petition so far the merger of 50 % Dearness relief on the basis pension of the petitioner is concerned, is allowed in terms of the order dated 3.12.2010 passed in C.W.J.C.No.3616 of 2010 ( Dr. Himashu Bhushan Vs. T.M.Bhagalpur University, Bhagalpur & Ors.) and other analogous cases. In respect of other reliefs, the petitioner is granted liberty to file a fresh representation before Respondent no.2/ Vice-Chancellor, Tilkamanjhi Bhagalpur University, Bhagalpur within a period of six weeks from today. If such representation is filed by the petitioner, Respondent no.2 is required to examine the same and pass appropriate order in accordance with law redressing the grievances of the petitioner within a period of four months from the date of filing of such representation. If Respondent no.2 considers the claim of the petitioner as genuine, he is required to pass order for clearing the dues of the petitioner within the aforesaid time. Even in case of 3 refusal, Respondent no.2 is directed to pass speaking order within the aforesaid time. It is made clear that the petitioner shall be entitled to get statutory admissible interest on delayed payment. With the above observation and direction, the petition stands disposed of. NKS/- ( Rakesh Kumar,J.)