IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3596 of 2005 DR.USHA KUMARI Versus THE STATE OF BIHAR & ORS ----------- 13 21.05.2010 Heard Mr. Suresh Prasad Sinha, learned counsel for the petitioner and Mr. Jai Shankar Barnwal, learned counsel for the University. The petitioner has superannuated from the post of University Professor with effect from 31.12.2000 from the College of Commerce, Patna, a constituent Unit of Magadh University. The writ petition was filed for payment of the post retiral and other benefits as set out in paragraph 1 of the writ petition. During the course of the proceedings counter affidavit and supplementary counter affidavit has been filed on behalf of the University. Learned counsel for the petitioner while admitting the payments of the claims set out in the writ petition, with reference to the reasoned order enclosed in the supplementary counter affidavit submits that the Vice Chancellor himself has admitted to a part payment of the differential salary by reason of 2 the new U.G.C. scale of pay with effect from 1.1.1996. He submits that the petitioner is yet to receive a part payment towards the said payment. Having regard to the submissions of the learned counsel for the petitioner and the counter affidavit/ supplementary counter affidavit filed in the present proceedings, the writ petition is disposed of with the direction to the respondent No.4, the Registrar, Magadh University, Bodh Gaya to ensure the payment of the balance amount of differential amount of the petitioner by reason of the implementation of the U.G.C. scale from 1.1.1996 expeditiously and preferably within a period of three months from the date of receipt/production of a copy of this order, in case the grants to this effect has been received by the University for payment of the said period and after obtaining clearance from the State Auditors who shall be under an obligation to grant the same enabling the University to make payments of the petitioner within a period stipulated above. Bibhash ( Jyoti Saran, J.)