JUDGMENT :

1. The matter has been taken up via video-conferencing due to circumstances prevailing on account of the COVID-19 pandemic.

2. Heard Mr. Ramakant Sharma, learned senior counsel along with Mr. Lakshmi Kant Sharma, learned counsel for the petitioner; Mr. Bijay Bhushan Prasad, learned Assistant Counsel to Standing Counsel 13 for the State; Mr. Anjani Kumar, learned senior counsel along with Mr. Ashhar Mustafa, learned counsel for the Tilka Manjhi Bhagalpur University (hereinafter referred to as the ‘University’); and Mr. Rashid Izhar, learned counsel for the Munger University.

3. The petitioner has moved the Court for the following reliefs:

“...for issuance of a writ/writs, order/orders/ direction/ directions in the nature of mandamus commanding the respondent authorities for making immediate payment of all retiral dues of the petitioner which has been withheld illegally, such as, group insurance, leave encashment, employee’s welfare fund, benefit of ACP/MACP and arrears of salary after pay fixation, difference of arrears of pension and part of gratuity, which have not been paid to the petitioner with admissible interest and only pension amount has been paid with effect from 01.10.2009 and part of gratuity. Petitioner further seeks indulgence of this Hon’ble Court for which he is found entitled in the eyes of law and in the facts and circumstances of the present case.”

4. On 11.11.2020, the matter was adjourned in the following terms:

“3. Learned counsel for the petitioner submitted that, as of now, admissible dues of the petitioner have been paid. However, it was contended that the petitioner superannuated in the year 2009 and payments have been made after a decade and, thus, the Court may award interest for such delay.

4. On such plea, learned counsel for T M Bhagalpur University, for taking instructions with regard to delay caused in payment, prayed for a short adjournment. In view thereof, as prayed for by learned counsel for T M Bhagalpur University, the matter be listed on 10th December, 2020, among the top five cases.”

5. Today, learned counsel for the University submitted that a second supplementary counter affidavit, bringing on record factual aspects relating to payments made to the petitioner of his admissible dues, had been filed. He drew the attention of the Court to paragraphs no. 5 and 6 of the said affidavit, which read as under:

“5. That in compliance of order dated 11.11.2020 passed by this Hon’ble Court, the respondent University is furnishing following facts on the point of delay in making payments to the Petitioner, to assist this Hon’ble Court to reach at a reasoned conclusion.

a. That Sri Ram Bilash Singh, the petitioner herein, had superannuated from his service on 30.09.2009.

b. That subsequent to the retirement of the petitioner, the service book of the petitioner for fixation of pension was sent to the University, on 17.04.2013 which was received by the University on 24.04.2013.

c. That the payment of pension and gratuity of the petitioner was started with effect from January, 2014.

d. That the regulation regarding extending of benefits of ACP /MACP was issued by the Governor’s Secretariat vide letter bearing No. Memo B.A.U41/2013-429/Ra San (1) dated 04.03.2014.

e. That it is further stated that after issuance of regulation by the Governor Secretariat, Patna, the case of the petitioner along with other employees was put before the Screening Committee and thereafter pursuant to its recommendation, the file of the petitioner along with other employees were processed for issuance of notification/office order.

f. That it is submitted that subsequent to this, direction with respect to extending of benefit of ACP/MACP to the petitioner and other employees was issued vide office order No.242/18 dated 28.02.2018.

g. That after the approval by the Pay Fixation Committee of the University, the pay fixation of the petitioner was done.

h. Finally the payment of difference of pension, gratuity, salary