Judgment 1. In this writ petition, grievance of the petitioner is that he was superannuated from service of S.K. University, Dumka while working as Professor in the Department of Economics in Deoghar College, Deoghar long back on 31.10.1997, but he has not been paid his post-retiral benefits and arrears of salary. 2. Counter affidavit has been filed on behalf of Vice-Chancellor and other officials of the University. In paragraph 4 of the said counter affidavit, it is stated that following payments have been made to the petitioner : (i) The amount standing to his credit in the G.P.F. Account was released on 28.11.97. (ii) Group Insurance amount of Rs. 25,479/- was paid on 3.9.1998. (iii) Provisional pension is being paid regularly and has been paid up to May, 1999. (iv) Amount due on account of earned leave encashment of Rs. 43,197/- was paid on 22.2.1998. (v) Amount due on account of Employees Welfare Fund Rs. 1,700/- was paid on 5.7.99. (vi) A sum of Rs.50,000/- has been paid on 5.7.99 on account of gratuity. In paragraph 5, it has been stated that the entire payment is provisional and subject to final pay fixation by the State Government. It is further stated that concurrence of the University (Constituent Colleges) Service Commission to his promotion as Professor is still wanting and that the case is under review and the matter will be finally settled after final pay fixation. 3 It is not disputed that the petitioner was promoted as University Professor with effect from 1.2.1985 vide notification no. 108/87 dated 1.9.1987, still a plea has been taken that in absence of concurrence of the Commission on his promotion as Professor, the case is under review and the matter will be finally settled after pay fixation. Admittedly the pension has not been finalised and the gratuity amount has also not been paid in fuit besides other dues, which have not been paid to him. Nothing has been brought on record to show as to when the University sought for concurrence from the Commission. Thus admittedly there is laches on the part of the University in finalising the pay fixation. 4. However, the University is directed to immediately approach the Commission for completing the formalities for the purpose of final pay fixation. It is expected that the Commission shall do the needful with utmost expedition.
Thus admittedly there is laches on the part of the University in finalising the pay fixation. 4. However, the University is directed to immediately approach the Commission for completing the formalities for the purpose of final pay fixation. It is expected that the Commission shall do the needful with utmost expedition. In any view of the matter, this Court directs the Respondent-University to see that the arrears of the petitioner along with the remaining post-retiral dues are paid within four weeks of the receipt/production of a copy of this order. In the facts and circumstances, aforementioned, in my opinion, the petitioner is also entitled for penal interest as was awarded in the case of Kanti Prasad Pathak vide order dated 5.11.1996 passed in C.W.J.C. No. 8282 of 1995. Accordingly, this Court directs the Respondents to pay penal interest @ 12% per annum on account of delayed payment, to be calculated from the date of retirement of the petitioner till the date of payment. If any fund is needed from the State Government according to its liability the University may requisition for such amount so that the aforementioned direction of this Court is strictly complied within the fixed time.