ORDER :

Ashok Bhan, J.

Leave granted.

2. Heard counsel for the parties.

3. The Single Judge of the High Court vide order dated 19-2-2003 had granted interest @ 12 per cent per annum on the amount of leave encashment. Counsel appearing for the Bihar University had fairly agreed before the Single Judge that if the interest on the amount of the leave encashment had not been paid to the appellant, then the same shall be calculated and paid. The appellant being aggrieved filed an appeal before the Division Bench, which dismissed the appeal by observing that the appellant was not entitled to any interest.

4. Aggrieved against the order of the Division Bench, the appellant filed the present appeal in which a limited notice was issued on 22-8-2003 to the following effect :

"Issue notice to the extent the learned Judge has set aside the order granting interest to the petitioner."

5. We agree with the counsel for the appellant that the interest on the delayed payment of the amount of leave encashment granted by the Single Judge to the appellant could not be taken away by the Division Bench in the appeal filed by the appellant. The Bihar University had not challenged the order of the Single Judge.

6.