Patna High Court MJC No.3007 of 2009 (7) dt.16-09-2011 IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.3007 of 2009 ====================================================== RAM MOHAN PRASAD MEHTA , SON OF SHRI KAMESHWAR PRASAD MEHTA, RESIDENT OF MOHALLA – THANA ROAD, POLICE STATION – PATORY, DISTRICT - SAMASTIPUR .... .... Petitioner/s Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, H.R.D. DEPARTMENT, BIHAR, PATNA. 2. ANJANI KUMAR SINGH, THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, BIHAR, PATNA. 3. MISHRI LAL THAKUR, VICE CHANCELLOR, L.N.M. UNIVERSITY DARBHANGA. 4. BIJAY KUMAR SINGH, REGISTRAR, L.N.M. UNIVERSITY DARBHANGA. .... .... Respondent/s ====================================================== 8. 16-09-2011 Heard learned counsel for the petitioner and the University. A show cause and additional show cause have been filed on behalf of the University stating therein that the order has been complied with and as such, the contempt application deserves to be dismissed. Learned counsel for the petitioner, on the other hand, submits that petitioner has not been paid his full amount towards the leave encashment. According to the petitioner, the total earned leave remained to be encashed is 198 days, however, according to the documents annexed to the show cause, it appears that total admissible earned leave is 134 days and out of which 131 days was deposited against the strike period. Learned counsel for the Patna High Court MJC No.3007 of 2009 (7) dt.16-09-2011 petitioner further submits that for the strike period, petitioner had worked by taking extra classes and as such, they could not had adjusted from the earned leave of the petitioner. As regards the arrears of salary, the submission of the petitioner is that calculation is not correct, as per the revised University Grants Commission pay scale. Considering the submission of the parties, it appears that petitioner has been paid admissible gratuity as also the amount on account of earned leave. However, the calculation is disputed. Besides the above, petitioner also disputed the calculation of arrears of salary. In the above circumstances, this contempt application need not proceed further and the same stands disposed of. However, with respect to discrepancy in the calculation on account of arrears of salary since petitioner submits that no calculation has been made from January 1996 to March 2001, petitioner may bring it to the notice of the Registrar of the University stating clearly with respect to the above which shall be looked into and communicated to the petitioner and if any further amount found admissible on account of arrears of salary as also the amount against leave encashment and the statutory interest payable on the amount of gratuity, the same shall be paid to the petitioner Patna High Court MJC No.3007 of 2009 (7) dt.16-09-2011 expeditiously, preferably within a period of three months. The amounts found admissible shall be paid to the petitioner on receipt of the fund from the State Government. The M.J.C. application stands disposed of. Jagdish/- (Shailesh Kumar Sinha, J)