IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.5913 of 2011
DR.ARUN KUMAR SINHA, S/O LATE YOGESHWAR PRASAD,RESIDENT
OF VILLAGE- 138, TILAK NAGAR, QUILA GHAT ROAD SARAI,
POLICE STATION TATARPUR, DISTRICT BHAGALPUR.
... ... 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.
... ... RESPONDENTS.
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2. 7.4.2011. Heard Shri Ajay Mukherjee, learned
counsel for the petitioner, Shri Prabhu
Narayan Sharma, learned A.C. to learned
Advocate General appearing on behalf of
respondent nos.1 and 5/State and learned
counsel appearing on behalf of respondent
nos.2, 3 and 4/Tilkamanjhi Bhagalpur
University on Interlocutory Application
i.e. I.A. No.2649 of 2011, whereby a prayer
has been made to amend the relief portion
to the extent of amending the prayer for
granting merger of 50% Dearness Relief in
the main prayer portion.
The petition stands allowed.
The petitioner, who retired from
the post of librarian In-Charge of
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Tilkamanjhi Bhagalpur University,
Bhagalpur, has prayed for directing the
respondents to pay his retirement dues in
view of U.G.C. scale (revised pay scale)
and further for directing to calculate the
pension as per last salary drawn by the
petitioner, arrear of Leave Encashment,
Arrear amount of Gratuity, Arrear amount of
Provident Fund, Arrear amount of Welfare
fund, Arrear of difference amount of salary
as per U.G.C. scale and also as per
amendment petition, merger of 50% of
Dearness Relief on basic pay.
So far as merger of 50% Dearness
Relief is concerned, the petition stands
allowed in view of order dated 3.12.2010
passed in C.W.J.C. No.3616 of 2010 (Dr.
Himanshu Bhushan Vs. Tilkamanjhi Bhagalpur
University and others) and other connected
writ petitions. Regarding remaining relief,
the petitioner is granted liberty to file a
fresh representation before respondent
no.2/Vice Chancellor, Tilkamanjhi Bhagalpur
University within a period of six weeks
from today. If such representation is
filed, respondent no.2 is required to
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examine the same and pass appropriate order
in accordance with law redressing the
grievance of the petitioner within a period
of three months from the date of filing of
such representation. In case of refusal
also, he is required to pass a speaking
order within aforesaid time.
With aforesaid observation and
direction, the petition stands disposed of.
N.H./ ( Rakesh Kumar,J.)