IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11866 of 2003 DR.(MRS.)TARA SINHA, wife of Dr. Rajendra Nath Sinha, resident of Hasan Imam Road, (New Dak Bunglow Road), Patna … Petitioner Versus 1. THE STATE OF BIHAR through its Secretary, Higher Education, New Secretariat, Patna 2. The Commissioner cum Secretary, Higher Education, Govt. of Bihar, New Secretariat, Patna 3. The Patna University, through its Registrar, Ashok Raj Path, Patna 4. The Vice Chancellor, Patna University, Ashok Raj Path, Patna 5. The Registrar, Patna University, Ashok Raj Path, Patna … Respondents. ----------- 3. 28.7.2010 Heard counsel for the parties. The prayer of the petitioner in this writ application reads as follows: “This petition is being filed for grant and payment of differential amount of arrears of salary for the period January, 1986 to December, 1989 accrued on account of implementation of U.G.C. pay scale w.e.f. January, 1986, the arrears of Dearness Allowance from the period January, 1990 to February, 1999 and the remaining admissible amount of gratuity etc. fully detailed hereunder in paragraph 16.” With regard to the aforementioned prayer the University in the counter affidavit has admitted the claim of the petitioner in paragraphs 6, 7 and 8 which 2 reads as follows: “6. That the pay of the teacher has been revised in the UGC scale w.e.f. 1.1.1996 and the State Govt. vide its letter no. 1271 dated 25.6.2004 has directed that the arrear of the teacher from 1.1.1996 to 31.3.2000 will be paid on the receipt of the grants from the Central Govt. and after the approval from the competent authority. 7. That the University has requested the State Govt. vide letter no. 1071 dated 1.7.2004 to release a sum of Rs. 78,215/- for the payment of DA arrear from Jan 90 to Dec 95. 8. That as far as gratuity at revised rate is concerned, the State Govt. has not released any amount for the payment of gratuity at advised rate. Also the matter is pending for consideration before Hon’ble Court.” Mr. Anil Kumar Singh, appearing on behalf of the petitioner, would submit that now the fund for gratuity has been released by the State Govt. and this he can say on the basis of personal experience as he also represents Bhagalpur University. That being so, if fund has already 3 been released and there is no dispute on the head of amount of gratuity as claimed by the petitioner, payment thereof must be made to the petitioner within a period of three months from the date of receipt/ production of a copy of this order. So far other amount is concerned, its payment will be made to the petitioner as soon as the University receives fund from the State Govt. This will not mean that the State Govt. would remain indifferent and idle to the genuine need of the University, at least for making payment of admitted entitled amount to the retired employees of Patna University. With the aforementioned observation and direction, this application is disposed of. (Mihir Kumar Jha,J.) Surendra/