IN THE HIGH COURT OF JUDICATURE AT PATNA 1.CWJC No.15682 of 2004 SABITA DEVI Versus L.N.MITHILA UNIVERSITY & ORS with 2.CWJC No.16429 of 2004 SURESH RAI & ANR Versus V.C.,LALIT NARAYAN MITHILA UNIVERSITY with 3.CWJC No.1453 of 2005 DASHRATH THAKUR Versus THE STATE OF BIHAR & ORS with 4.CWJC No.1544 of 2005 BINDESHWARI DEVI Versus THE STATE OF BIHAR & ORS with 5.CWJC No.2615 of 2005 H.A.MANNAN TARZI Versus L.N.MITHILA UNIVERSITY & ORS with 6.CWJC No.3056 of 2005 GUNESHWAR KAMTI Versus THE V.C.,L.N.MITHILA UNIVERSITY with 7.CWJC No.4737 of 2005 BORHAN PRASAD SINGH Versus THE L.N.MITHILA UNIVERSITY & ORS with 8.CWJC No.4779 of 2005 KAMLESH RAI Versus THE STATE OF BIHAR & ORS with 9..CWJC No.10332 of 2005 SMT. BAIDEHI VERMA Versus THE STATE OF BIHAR & ORS with 10.CWJC No.10749 of 2005 SHYAM SUNDAR JHA Versus THE STATE OF BIHAR & ORS with 11.CWJC No.10228 of 2006 SACHCHIDA NAND JHA Versus THE STATE OF BIHAR & ORS with 12.CWJC No.10646 of 2006 ANIL KUMAR JHA 2 Versus L.N.MITHILA UNIVERSITY & ORS with 13.CWJC No.11455 of 2006 DR.JAGDISH PRASAD Versus THE V.C.,L.N.MITHILA UNIVERSITY with 14.CWJC No.12103 of 2006 CHANDRA KANT MISHRA Versus THE STATE OF BIHAR & ORS with 15.CWJC No.12234 of 2006 GOVIND CHOUDHARY Versus THE V.C.,L.N.MITHILA UNIVERSIT with 16.CWJC No.12494 of 2006 HARI NARAYAN SINGH Versus THE V.C.,L.N.MITHILA UNIVERSITY with 17.CWJC No.13135 of 2006 RAMANAND THAKUR Versus THE V.C.,L.N.MITHILA UNIVERSITY with 18.CWJC No.13316 of 2006 RAMDHARI SINGH DIWAKAR Versus THE V.C.,L.N.MITHILA UNIVERSITY with 19..CWJC No.13984 of 2006 KUSHESHWARI DEVI Versus THE V.C.,L.N.M.U.DARBHANGA & ORS with 20.CWJC No.15362 of 2006 MANORAMA ROY Versus L.N.MITHILA UNIVERSITY & ORS with 21.CWJC No.221 of 2007 SHIVA SHANKAR PRASAD SINGH Versus THE STATE OF BIHAR & ORS with 22.CWJC No.563 of 2007 SANJEEV KUMAR SINGH Versus THE STATE OF BIHAR & ORS with 23.CWJC No.1207 of 2007 DR.KULDIP SINGH Versus THE STATE OF BIHAR & ORS with 24.CWJC No.1553 of 2007 3 ANJANA THAKUR Versus THE V.C.,L.N.MITHILA UNIVERSITY with 25.CWJC No.1835 of 2007 SHANTI DEVI Versus THE STATE OF BIHAR & ORS with 26.CWJC No.1919 of 2007 SANDHYA DEVI Versus L.N.MITHILA UNIVERSITY & ORS with 27.CWJC No.2023 of 2007 MD.YASIN ANSARI Versus THE STATE OF BIHAR & ORS with 28.CWJC No.2038 of 2007 DR.BIR MANGAL THAKUR Versus L.N.MITHILA UNIVERISITY & ORS with 29.CWJC No.2070 of 2007 SATAYNARAYAN SINGH Versus L.N.MITHILA UNIVERSITY & ORS with 30.CWJC No.2099 of 2007 MAHESHWAR NARAYAN SINGH Versus THE STATE OF BIHAR & ORS with 31.CWJC No.2408 of 2007 CHITTRANJAN PRASAD SINHA Versus L.N.MITHILA UNIVERSITY & ORS With 32.CWJC No.2637 of 2007 SARASWATI SINHA Versus L.N.MITHILA UNIVERSITY & ORS with 33.CWJC No.3998 of 2007 DR.BRAJ MOHAN MISHRA Versus THE STATE OF BIHAR & ORS with 34.CWJC No.4230 of 2007 DR.RAMANAND SINGH Versus THE STATE OF BIHAR & ORS with 35.CWJC No.4259 of 2007 VASANT JHA Versus L.N.MITHILA UNIVERSITY & ORS With 4 36.CWJC No.4404 of 2007 SATYADEO NARAYAN SINGH Versus L.N.MITHILA UNIVERSITY & ORS with 37.CWJC No.4506 of 2007 RAM LAKHAN RAI Versus L.N.MITHILA UNIVERSITY & ORS with 38.CWJC No.4516 of 2007 RAJENDRA PRASAD Versus L.N.MITHILA UNIVERSITY & ORS with 39.CWJC No.4547 of 2007 RAM CHANDRA PRASAD SINGH Versus L.N.MITHILA UNIVERSITY & ORS with 40.CWJC No.5306 of 2007 RABINDRA NATH SINGH Versus THE V.C.,L.N.MISHRA UNIVERSITY with 41.CWJC No.5550 of 2007 LALIT KUMAR SINHA Versus L.N.MITHILA UNIVERSITY & ORS with 42.CWJC No.6313 of 2007 LAL BABU SAH Versus THE V.C.,L.N.MITHILA UNIVERSIT with 43.CWJC No.6380 of 2007 RAM LAKHAN PRASAD SINGH Versus L.N.MITHILA UNIVERSITY & ORS with 44.CWJC No.6682 of 2007 RAM VILAS KARAK Versus THE LALIT NARAIN MITHILA UNIVERSITY with 45.CWJC No.6723 of 2007 SRI RAMCHANDRA MISHRA'MADHUKAR Versus THE STATE OF BIHAR & ORS with 46.CWJC No.6848 of 2007 DR.RAMBILAS MAHTO PREMAPATI Versus THE STATE OF BIHAR & ORS with 47.CWJC No.7015 of 2007 KRISHNA BALLAVA PRASAD SINGH Versus LALIT NARAYAN MITHILA UNIVERSI 5 with 48.CWJC No.7072 of 2007 SRI RAMCHANDRA THAKUR Versus THE STATE OF BIHAR & ORS with 49.CWJC No.8039 of 2007 DAYAKANT JHA Versus L.N.MITHILA UNIVERSITY & ORS with 50.CWJC No.8266 of 2007 RAM SEWAK PANDEY Versus THE STATE OF BIHAR & ORS with 51.CWJC No.8750 of 2007 REETA KUMARI Versus THE V.C.,L.N.MITHILA UNIVERSIT with 52.CWJC No.9746 of 2007 RAM SHRINGAR CHOUDHARY Versus THE STATE OF BIHAR & ORS with 53.CWJC No.9810 of 2007 GOPAL SAHNI Versus L.N.MITHILA UNIVERSITY & ORS with 54.CWJC No.10626 of 2007 ASHA DEO Versus THE STATE OF BIHAR & ORS with 55.CWJC No.10656 of 2007 TARESHWAR PD.CHAUBEY @ T.P.CHAUBEY Versus THE L.N.MITHILA UNIVERSITY &ORS with 56.CWJC No.10741 of 2007 RAM SAGAR PRASAD SINGH Versus L.N.MITHILA UNIVERSITY & ORS with 57.CWJC No.10908 of 2007 JHINGUR MAHTO Versus L.N.MITHILA UNIVERSITY & ORS with 58.CWJC No.11075 of 2007 CHAMELI DEVI Versus THE STATE OF BIHAR & ORS with 59.CWJC No.11149 of 2007 SHEO SHANKAR SINGH Versus 6 THE STATE OF BIHAR & ORS with 60.CWJC No.11537 of 2007 VEENA KUMARI Versus THE STATE OF BIHAR & ORS with 61.CWJC No.11964 of 2007 RAM NARESH RAI Versus THE STATE OF BIHAR & ORS with 62.CWJC No.12111 of 2007 BHOLI DEVI Versus THE STATE OF BIHAR & ORS with 63.CWJC No.12158 of 2007 BIMLA DEVI Versus THE STATE OF BIHAR & ORS With 64.CWJC No.12270 of 2007 DR.LAKHAN PANDIT Versus THE STATE OF BIHAR & ORS with 65.CWJC No.12396 of 2007 PROF.SATYABRATA SANATAN ROY Versus THE STATE OF BIHAR & ORS with 66.CWJC No.12578 of 2007 LALAN PRASAD SHRIVASTAVA Versus THE STATE OF BIHAR & ORS with 67.CWJC No.12746 of 2007 RAMJEE PASWAN Versus THE STATE OF BIHAR & ORS with 68.CWJC No.13386 of 2007 MANORANJAN PRASAD Versus THE STATE OF BIHAR & ORS with 69.CWJC No.13491 of 2007 MANORANJAN PRASAD Versus THE STATE OF BIHAR & ORS with 70.CWJC No.14057 of 2007 SMT.SUMAM GAUR Versus THE STATE OF BIHAR & ORS With 71.CWJC No.14083 of 2007 RAMESH KUMAR KAMTI 7 Versus THE V.C.,L.N.MITHILA UNIVERSIT with 72.CWJC No.14158 of 2007 PROF.NAGENDRA NATH JHA Versus THE STATE OF BIHAR & ORS with 73.CWJC No.14277 of 2007 RENUKA PRASAD Versus THE V.C. L.N.MITHILA UNIVERSITY With 74.CWJC No.14333 of 2007 SRI VISHWANATH JHA Versus THE STATE OF BIHAR & ORS with 75.CWJC No.14909 of 2007 DR.KAILASH ROY Versus THE STATE OF BIHAR & ORS with 76.CWJC No.15375 of 2007 MAHENDRA SAH Versus THE STATE OF BIHAR & ORS with 77.CWJC No.15448 of 2007 WIDOW HEERA DEVI Versus THE STATE OF BIHAR & ORS with 78.CWJC No.15486 of 2007 DR.(SMT.)SHANTI PATHAK Versus L.N.MITHILA UNIVERSITY & ORS with 79.CWJC No.15568 of 2007 MONIKA SINHA Versus L.N.MITHILA UNIVERSITY & ORS with 80.CWJC No.15613 of 2007 VYAS PRASAD SINGH Versus L.N.MITHILA UNIVERSITY & ORS with 81.CWJC No.15723 of 2007 SHAILJA DEVI Versus THE STATE OF BIHAR & ORS with 82.CWJC No.15796 of 2007 KALI NATH MISHRA Versus THE L.N.MITHILA UNIVERSITY &ORS with 83.CWJC No.16163 of 2007 8 RAMENDRA PRASAD SINGH Versus THE STATE OF BIHAR & ORS with 84.CWJC No.16404 of 2007 BAIDYA NATH CHOUDHARY Versus THE STATE OF BIHAR & ORS with 85.CWJC No.16495 of 2007 KUMARI ASHA Versus THE STATE OF BIHAR & ORS With 86.CWJC No.16646 of 2007 SHAMSU ZOHA Versus THE STATE OF BIHAR & ORS with 87.CWJC No.16762 of 2007 DR.NAGENDRA KUMAR Versus THE STATE OF BIHAR &ORS with 88.CWJC No.16935 of 2007 ANJANI DEVI Versus THE STATE OF BIHAR & ORS with 89.CWJC No.17047 of 2007 MAGAND CHAUDHARY Versus THE V.C.,L.N.MITHILA UNIVERSIT with 90.CWJC No.17197 of 2007 YADUNANDAN CHAUDHARY Versus THE STATE OF BIHAR & ORS with 91.CWJC No.34 of 2008 MASOMAT BEENA JHA Versus THE STATE OF BIHAR & ORS with 92.CWJC No.534 of 2008 USHA DEVI Versus THE V.C.,L.N.MITHILA UNIVERSIT with 93.CWJC No.700 of 2008 YASHODANATH JHA Versus THE V.C.,L.N.MITHILA UNIVERSITY with 94.CWJC No.711 of 2008 DIP NARAYAN MISHRA Versus THE STATE OF BIHAR & ORS with 9 95.CWJC No.800 of 2008 JAI NARAIN SAH Versus THE STATE OF BIHAR & ORS with 96.CWJC No.802 of 2008 DHARM KANT THAKUR Versus THE STATE OF BIHAR & ORS with 97.CWJC No.870 of 2008 DIP NARAIN MISHRA Versus THE STATE OF BIHAR & ORS with 98.CWJC No.904 of 2008 KAMLA DEVI Versus THE STATE OF BIHAR & ORS with 99.CWJC No.983 of 2008 RAM PADARATH MANDAL Versus THE V.C.,L.N.MITHILA UNIVERSIT with 100.CWJC No.1378 of 2008 PROF.RADHE KRISHNA MANDAL Versus THE STATE OF BIHAR & ORS with 101.CWJC No.1512 of 2008 LEKH NARAYAN JHA Versus THE STATE OF BIHAR & ORS with 102.CWJC No.1536 of 2008 DEO KANT JHA Versus THE STATE OF BIHAR & ORS with 103.CWJC No.1556 of 2008 RAM CHANDRA RAI Versus THE V.C.,L.N.MITHILA UNIVERSITY with 104.CWJC No.2097 of 2008 RATHINDRA RANJAN DUTTA Versus THE V.C.,L.N.MITHILA UNIVERSIT with 105.CWJC No.2236 of 2008 SAMUNDRI DEVI Versus L.N.MITHILA UNIVERSITY & ORS with 106.CWJC No.2874 of 2008 NAVIN KUMAR Versus THE STATE OF BIHAR & ORS 10 with 107.CWJC No.3800 of 2008 MOST.GEETA JHA Versus THE STATE OF BIHAR & ORS with 108.CWJC No.3912 of 2008 KRISHNA NAND SINGH Versus THE STATE OF BIHAR &ORS with 109.CWJC No.4245 of 2008 SHYAMA NAND LAL DAS Versus THE STATE OF BIHAR & ORS with 110.CWJC No.4619 of 2008 TULA KRISHNA JHA Versus THE STATE OF BIHAR & ORS. with 111.CWJC No.5001 of 2008 RAJ NARAYAN NAYAK Versus THE STATE OF BIHAR & ORS with 112.CWJC No.5416 of 2008 CHANDESHWAR CHOUDHARY Versus THE STATE OF BIHAR & ORS with 113.CWJC No.5417 of 2008 INDRIA DEVI Versus THE STATE OF BIHAR & ORS with 114.CWJC No.5754 of 2008 BISHNUDEO SINGH Versus THE V.C.,BHUPENDRA NR.MANDAL UNIVERSITY with 115.CWJC No.6743 of 2008 KEDAR NATH JHA Versus THE STATE OF BIHAR & ORS with 116.CWJC No.6755 of 2008 DR.RAM KISHORE SINHA @ RAM KIS Versus THE V.C.,L.N.MITHILA UNIVERSIT with 117.CWJC No.6864 of 2008 SRI SUSHIL MOHAN PRASAD SINGH Versus L.N.MITHILA UNIVERSITY &ORS With 118.CWJC No.6990 of 2008 KAMESHWAR NATH SRIVASTAVA Versus 11 THE STATE OF BIHAR & ORS with 119.CWJC No.7253 of 2008 PROF(DR.)SHANKAR BHATTACHARYA Versus L.N.M.UNIVERSITY & ORS with 120.CWJC No.7501 of 2008 PROF.DHARMESHWAR PRASAD SINGH Versus THE STATE OF BIHAR & ORS with 121.CWJC No.7672 of 2008 RAMESHWAR PRASAD AGRAWAL Versus THE STATE OF BIHAR & ORS with 122.CWJC No.7721 of 2008 PROF.BRAJ BHUSHAN KUMAR SINHA Versus THE STATE OF BIHAR & ORS with 123.CWJC No.8208 of 2008 SALIMUDDIN FANI Versus THE STATE OF BIHAR & ORS with 124.CWJC No.8336 of 2008 PROF.YUGAL KISHOR MISHRA Versus THE STATE OF BIHAR & ORS with 125.CWJC No.8495 of 2008 PROF. DR.RAM NIRANJAN KEDIA Versus THE STATE OF BIHAR & ORS with 126.CWJC No.8503 of 2008 PROF.BHARAT LAL JHA Versus THE STATE OF BIHAR & ORS with 127.CWJC No.8543 of 2008 MASOMAT VIJAY LAXAMI MISHRA Versus THE STATE OF BIHAR & ORS with 128.CWJC No.8614 of 2008 RAM NANDAN MANDAL Versus THE V.C.,L.N.MITHILA UNIVERSIT with 129.CWJC No.8760 of 2008 RAGHUBIR MANDAL Versus THE V.C.,L.N.MITHILA UNIVERSIT with 130.CWJC No.8774 of 2008 SURENDRA PRASAD CHAUDHARY 12 Versus THE V.C.,L.N.MITHILA UNIVERSIT with 131.CWJC No.8844 of 2008 PROF.BHAGWAN PRASAD CHOUDHARY Versus THE STATE OF BIHAR & ORS with 132.CWJC No.8856 of 2008 RAM BAHADUR THAKUR Versus THE STATE OF BIHAR & ORS with 133.CWJC No.8976 of 2008 SHAILENDRA KUMAR SINGH Versus L.N.MITHILA UNIVERSITY & ORS with 134.CWJC No.9043 of 2008 DR.GANGANAND JHA Versus THE STATE OF BIHAR & ORS with 135.CWJC No.9589 of 2008 VIJAY CHANDRA JHA Versus THE STATE OF BIHAR & ORS with 136.CWJC No.10640 of 2008 SACHCHIDA NAND VERMA Versus THE STATE OF BIHAR & ORS with 137.CWJC No.10874 of 2008 PROF.SHYAM NARAYAN MANDAL Versus THE STATE OF BIHAR & ORS With 138.CWJC No.10895 of 2008 MD.LATIF DAFALI VERSUS THE STATE OF BIHAR & ORS -------- O R D E R 07/ 30.07.2008 Heard learned counsels for the petitioners, learned counsels for the University and learned counsels for the State. 13 This order is being passed by this Court with consent of the parties. This batch of cases are all against Mithila University in which retired employees or their beneficiaries claim that monetary entitlements in the form of retiral benefits or death-cum-retiral benefits on account of their own retirement or on account of death in harness of the concerned teaching/non-teaching employee of the University or some dues with regard to arrears on account of revision of pay-scale still remains due with the University. In none of the cases University has denied the entitlement of its concerned employee, on account of his retirement or death, under most of the items claimed, except raising some dispute in some of the cases with regard to rate of calculation, date of entitlement or expressing its inability to pay the amount, due to paucity of fund and failure on the part of State Government to release sufficient fund to clear its up-to-date liabilities towards its employees retired or died in harness so far. There is no dispute at the Bar that, as per law, in all cases, responsibility of initiating the process at least six months prior to his scheduled date of retirement, for payment of retiral benefits and sanction of pension to the retiring employee, lies on the Head of the Institution or the Registrar of the University. It may be useful to reproduce herein, in particular, some relevant provisions 14 from Chapter II of „PROCEDURAL INSTRUCTIONS REGARDING SANCTION AND PAYMENT OF RETIREMENT BENEFITS ADMISSIBLE UNDER THE STATUTES FOR THE GRANT OF RETIREMENT BENEFITS TO EMPLOYEES OF THE UNIVERSITIES OF BIHAR (EXCEPT PATNA UNIVERSITY)‟ (with emphasis supplied herewith): “7. The Heads of Institutions in the case of non-teaching staff serving in Colleges/Departments/Institutions and the Registrar in all other cases will draw up a list of persons due for superannuation during the next financial year, by the 1st of August each year. These lists will be drawn in three parts-one of those who have opted for G.P.Fund- cum-Pension-cum-Gratuity Scheme, another for those who have opted for G.P.Fund-cum-Gratuity Scheme and the last of those who have opted only for G.P.Fund Scheme. The list of those persons who have opted for G.P.Fund-cum- Pension-cum-Gratuity Scheme as also of those who have opted for G.P.Fund-cum-Gratuity Scheme, will be sent to the Provident Fund Section, for preparation of the budget estimates for pension and gratuity for the next year. These lists will indicate the length of service of these individuals will have on the date of their retirement and the rate of pay reckonable for pension that they will be drawing during the last ten months of their service. In the case of teaching staff, a copy of the list will be sent by the Registrar to the Heads of Institutions where they are serving. 8. At least six months before the date of retirement on superannuation of an employee, the Head of the Institution and the Registrar in the case of employees in the University office will initiate the proposal for grant of pension and gratuity in the case of persons who have opted for G.P.Fund-cum-Pension-Gratuity Scheme and gratuity only in the case of those who have opted for G.P.Fund-cum-Gratuity Scheme. An application in the form enclosed at Annexure IV will be prepared by the Head of the Institution/Registrar for this purpose. These applications will be accompanied by two slips on quarter sheet of paper bearing specimen signatures of the applicant and his/her 15 wife/husband and two joint photographs of husband-wife, both duly attested by a gazetted officer or an officer of the University or Principal of the college concerned. In the case of Pardanashin ladies, joint photographs may not be furnished along with the application. In such cases thumb and finger impressions or specimen signatures in the case of those who are literate and particulars of height and personal marks, shall be required to be furnished in duplicate, on two separate sheets, duly attested by a gazetted officer or an officer of the University or the Principal of the college concerned. The applicant shall also furnish thumb and finger impressions or specimen signatures (if literate) and personal marks of them, spouses, in duplicate on two separate sheets duly attested by a gazetted officer or an officer of the University or Head of the Institutions. In addition to the above, the following certificates shall be obtained from the employee and enclosed with the application: “I hereby declare that I have neither applied for nor received any pension or gratuity in respect of any portion of the service included in this application and in respect of which pension or gratuity is claimed herein nor shall submit an application hereinafter without quoting a reference to this application and to the orders which may be passed thereon.” 9. After completion of the application as above, the Head of the Institution where the employee is serving and the Registrar in the case of employee serving in the University office will forward the applications along with the service record to the Provident Fund Section for processing. The application for pension and/or gratuity completed as stated above, will be forwarded along with the service record of the employee, to the Provident Fund Section. That Section will check the application with the service record of the employee concerned to verify the length of service in all cases and also the rate of emoluments in the case of non- teaching staff serving in College/Departments/Institutions. If need be, the pay bills for such staff will be obtained for verification from the Colleges/Department/Institutions. The rate of 16 emoluments in other cases will be got verified from the salary paying section. Thereafter the proposed rates of pension and gratuity will be checked and the pension application put up to the Vice-Chancellor, stating specifically the amount of pension/gratuity admissible to the applicant under the rules. 10. On receipt of orders of Vice- Chancellor as above, the Pension and Gratuity Section will ask the applicant to furnish `No demand certificates‟ from the various Departments concerned if not already received. When these are received, a pension payment order in the form enclosed at Annexure-VI for payment of pension and/or gratuity, as the case may be, issued by the Pension and Gratuity Section authorising payment of pension and/or gratuity as approved by the Vice-Chancellor. The payment of pension will commence from the first of the second month following the date of the employee‟s retirement i.e. a person retiring on 31.3. will be paid his first pension for the month of April, on 1.5. The amount of gratuity, will, however, be payable immediately after retirement. If due to any reason verification of the records of any employee who has retired and has applied for payment of the pension, gratuity etc. due to him, is delayed beyond one month of the date of retirement of the employee, provisional pension will be paid to the employee to the extent of 90% of the expected pension due to be paid to the employee, and this provisional pension shall start being paid to the retired employee not later than from the second month of the date of retirement of the employee. Provided further that if the verification etc. of records is not completed even after one month of the date of retirement of the employee, and the pension of the retired employee is not determined on that account for a period of ten months from the date of retirement of the employee, the provisional pension to the extent of 90% of the expected pension as being paid as above, shall be suitably raised to 100% of the expected pension, and be finally regarded as the pension to which the employees shall be entitled.” 11. Provident Fund Section, will forward to the Bank with whom the Pension & Gratuity Fund is maintained the original copy of the 17 Pension Payment Order, an attested copy of the employ‟s and his/her spouse‟s specimen signatures, as well as an attested copy of the joint photograph of the employee and his/her wife/husband, as the case may be. In the case of Pardanasheen ladies personal marks will be sent, instead of joint photographs. The following seal will be embossed on the original copy of the P.P.O.” Thus it is apparent that, at no stage of the process of settlement of his claims, any responsibility lies with the retiring employee to take initiative in the matter, except for complying with directions of the concerned authorities of the Institution or the University requiring him to furnish his photograph, to put his signature on relevant papers, to furnish no demand certificates, so on and so forth. It is apparent that, at all point of time, and in all cases, it is the statutory duty of the Head of the Institution or the Registrar, as the case may be, to see that entire claims of the retiring employee, are calculated, settled and paid to him immediately upon his retirement and his pension starts from the next month. But, the present batch of cases makes it abundantly clear that in case of none of the employees, retired or died in the employment of the University, the concerned Head of the Institution or the Registrar of the University has performed its statutory duty, resulting into non-payment of many of the lawful and admitted dues of its employees even months and years after his retirement or 18 death, causing immense hardship to the employee in the last stage of his life and to the family dependent upon him, besides causing pecuniary loss to him by way of interest on the amount to which he became entitled on the day of his retirement itself, forcing him to enter into prolonged and expensive litigation. In the circumstances, this Court is of the view that the concerned Head of the Institutions or the Registrar of the University or any authority of the Institution or the University, who may be found liable for the delay in the matter must be personally made liable to pay penal interest on all the lawful amount due to an employee as well as for payment of cost of, otherwise unnecessary, litigation in this Court. However, since the cases are pending in this Court from before the subject matter was assigned to this Bench, and with a view not to take the respondents and officials of the University/Institutions by surprise, this Court is inclined to give a last opportunity to them to perform their statutory duty cast upon them by the Statute by way of adjournment of three months with the following directions to the Head of the Institution concerned and the Registrar of the University:- (a) Before the next date fixed in this batch of cases, they shall see to it that all admitted and lawful dues of the concerned employee of the 19 University are calculated, settled and paid to him/her or his/her beneficiaries. (b) They shall see to it that all calculations are made as per the rates of entitlement, including that of the pay-scale admissible from time to time, of the employee concerned, as laid down in the relevant Act/ Statutes/ Rules/ Regulations/ Notifications etc. as applicable at the relevant time or as made applicable by judicial pronouncement or interpretations made in the matter. Any miscalculation, resulting into short or excess payment to the employee concerned or his beneficiary shall be treated as non-compliance or wrong compliance of order of this Court and shall be viewed seriously. (c) Details of calculation under each head, with mention of relevant provision of law or judicial pronouncement, as the case may be, in the margin of the calculation, along with cheque/draft of the amount found payable (except where it is directly creditable in the account) shall be served on the employee or his/her beneficiary at his/her known place of residence, or shall be sent through insured registered post, if the entire family has shifted its residence out side the State. For this, 20 address of the employee or his/her beneficiary shall be verified beforehand, if required. This exercise must be completed latest by two weeks prior to the next date fixed in this batch of cases. (d) In case, any specific claim raised by the petitioners in the respective writ petition is found not payable, a specific order in this regard shall be passed by the Vice Chancellor with reference to the specific provision of law or judicial pronouncement