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2000 DIGILAW 280 (PAT)

Balmiki Singh v. State of Bihar

2000-02-17

R.M.PRASAD

body2000
ORDER Petitioner who retired from the service of Tilka Manji Bhagalpur University while working as Reader, has claimed for payment of arrears of pension, full amount of gratuity, G.P.F., amount of welfare fund, Group Insurance and Leave encashment besides arrears of salary from April, 1991 to December, 1995 and commutation of pension. The University has filed affidavit with respect to each item and according to the stand taken by the University has filed affidavit with respect to each item and according to the stand taken by the University the petitioner has been paid the entire admitted dues except that with respect to the commutation of pension it is stated by the learned counsel for the University that the same could not be finalised in absence of budgetary provision, which the Government is required to make and the same is still pending consideration with the Government. Petitioner has disputed the fact that he has been paid the entire pensionary dues as per the provisions of the statute and the scale prescribed by the U.G.C. It has been stated that he has been paid less amount of Group Insurance and welfare fund. It is further submitted on behalf of the petitioner that the petitioner was entitled for pensionary reliefs as on 1.1.1996 as he has worked till 31.12.1995 and ceased to be in the service of the University only on 1.1.1996. According to the learned counsel for the University there is no dispute about his date of retirement. There cannot be any dispute that he worked till 31.12.1995 and superannuated on that day. However, learned counsel for the petitioner referred to Rule 4 from the general provisions which provides that any claim for pension/gratuity/family pension benefits will be regulated on the basis of Rules enforced on which the employee ceased to be in service due to retirement or death. It is thus, submitted that the petitioner, in fact, was ceased to be in the employment on 1.1.1996 and as such he is entitled for the benefit as on 1.1.1996. It is difficult to accept the said submission of the learned counsel for the petitioner. It is true that the petitioner worked till 31.12.1995, but he ceased to be in the employment from the midnight of 31.12.1995 itself and not on 1.1.1996. It is difficult to accept the said submission of the learned counsel for the petitioner. It is true that the petitioner worked till 31.12.1995, but he ceased to be in the employment from the midnight of 31.12.1995 itself and not on 1.1.1996. As such, the benefit admissible to him will be regulated on the basis of the Rules enforced till the midnight of 31.12.1995. So far as the dispute raised on behalf for the petitioner with respect to Group Insurance and Welfare fund, it appears from the counter affidavit filed on behalf of the University that the same is under enquiry and the authorities are accordingly directed to dispose it of within two weeks of the receipt production of a copy of this order by reasoned order and the same also be communicated to the petitioner within the said time. If any further amount in that regard is found payable the same shall also be paid within the same time. As regards other dispute, this court sitting in writ jurisdiction cannot go into it and the proper remedy for the petitioner lies either before Civil Court of competent jurisdiction or the authority concerned. Under such circumstances, the petitioner may move the appropriate Civil Court of competent jurisdiction/authority by filing his claim in detail. If such claim is filed before the authority concerned the same shall be examined and disposed of by reasoned order and communicated to the petitioner within six weeks of its receipt. If any further amount found payable the same shall also be paid within the aforesaid time. Having regard to the fact that admitted dues of the petitioner has been kept withheld and some payments have been made only after filing of the writ application, the Respondents are directed to pay interest @ 10% per annum on the amount which has been paid after filing of the writ application from the due date till the payment has been made which shall be calculated and paid to the petitioner within two weeks of the receipt production of a copy of this order. The writ application is accordingly disposed of.