Prof. Dinendra Prasad Sinha And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.50 of 2016 In Civil Writ Jurisdiction Case No. 15346 of 2012 ======================================================

1. Prof. Dinendra Prasad Sinha, son of Late Ram Yash Prasad Sinha, resident of Professor's Colony, Shyam Chak, P.S.- Bhagwan Bazar Chhapra, District- Saran, retired as Univ. Professor in the subject of Philosophy from Rajendra College, Chhapra.

2. Prof. Ajit Donald Masih, son of Late Absalom Masih, resident of Church Compound, Dak Bunglow Road, P.S.- Chhapra Sadar, DistrictSaran, retired as Univ. Professor in the subject of Geography from Rajendra College, Chhapra.

3. Prof. Ramashray Sinha, son of LAte Harihar Sinha, resident of Near Bus Sepot, west Gopeshwar Nagar, P.S. Chhapra (Bhagwan Bazar), DistrictSaran. retired as Univ. Professor in the subject of Political Science from Rajendra College, Chhapra.

4. Prof. Devendra Prasad Singh, son of Late Jagat Narayan Singh, resident of B-46, Prabhu Nath Nagar, P.S.- Chhapra Muffasil, District- Saran, retired as Reader in the subject of Political Science from Jaglal Choudhary College, Saran.

5. Rajeshwar Prasad Roy, son of Late Ram Lagan Prasad, resident of Salempur, P.S.- Chhapra Sadar, District- Saran. retired as Reader in the subject of Zoology from Jagdam College, Chhapra.

6. Tulsi Prasad Singh, son of Late Shiv Charan Singh, resident of Dahiyawan South of Hathwa Market, P.S.- Chhapra Sadar, DistrictSaran. retired as Lecturer in the subject of Chemistry from Jagdam College, Chapra. .... .... Petitioners.

Versus

1. The State of Bihar

2. Sri R.K. Mahajan, the Principal Secretary, Higher Education, Govt. of Bihar, New Secretariat, Patna.

3. Dr. Dwigenda Gupta, Presently posted as Vice Chancellor, Jai Prakash University, Chhapra.

4. Dr. Ravi Pratap Bablu, Presently postedas Registrar, Jai Prakash University, Chhapra.

5. Sri Raj Kishore Singh, Presently posted as Finance Officer, Jai Prakash University, Chhapra. .... .... Opposite Parties. ====================================================== Appearance :

For the Petitioners : Mr. Shashi Bhushan Singh, Adv. For the Opposite Parties : Mr. Nirbhay Kumar Singh, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH ORAL ORDER 16-02-2017 By order passed in the writ proceedings, which attained finality, the University was under a liability as per their own

Patna High Court MJC No.50 of 2016 (02) dt.16-02-2017 2/3 notification to pay the balance of arrears of pension by 31st of March, 2015. Under other provisions, they were liable to pay the financial effect of merger of D.A. with effect from 01.01.2005 to 31.03.2007, when the revisions were made effective. This not having been done, in subsequent analogous contempt proceedings, it was directed that those sums would be paid along with interest for delayed payment and delayed compliance of the Court's order at the rate of 6% per annum.

In this case counsel for the petitioners agrees to the submission of the counsel for the University that so far as arrears of pension are concerned, they have now been paid. So far as merger of D.A. and delayed payment interest is concerned, the same has not been paid.

Learned counsel for the University undertakes on behalf of the University that D.A. merger and the interest would be paid to the petitioners of this case within a period of two months from today, failing which the Vice-chancellor and Registrar of the J.P. University, Chapra would be liable to be proceeded in contempt straightway. No further extension of any excuse will be granted. While making the payments, the University would have to disclose the calculations so that an ordinary person can understand

Patna High Court MJC No.50 of 2016 (02) dt.16-02-2017 3/3 the same and understand what he is getting.

With these observations, this application stands disposed of.

(Navaniti Prasad Singh, J.) Trivedi/- U