Jai Bhagwan Tomar @ Dr. J. B. Tomar v. Vice Chancellor, Birsa Agricultural University
2002-09-19
TAPEN SEN
body2002
DigiLaw.ai
Judgment Tapen Sen, J.-Heard Mr. Delip Jerath, learned counsel for the Petitioner and Mr. A. K. Sahani, learned counsel for the Respondents. 2. Initially when the writ application was filed, the Petitioner has prayed for transfer of his past services from the Birsa Agricultural University, Kanke, Ranchi to Indian Council of Agricultural Research, National Bureau of Plant Genetic Resources. He had also prayed that consequent upon such transfer of past services, he be paid Central Provident Fund/General Provident Fund and difference in salary rendered in the Birsa Agricultural University during the period from 05.08.1982 to 07.07.1988 in addition to payment of other deductions which may have been made in the aforementioned Birsa Agricultural University. 3. When this case was called out, Mr. Delip Jerath, learned counsel for the Petitioner drew the attention of this Court to the Amendment Application which was filed in this case by the Petitioner on or about 21.04.1997. 4. Pressing the aforementioned Amendment Application now and confining his Writ Application only to the extent stated in the Amendment Application, this Court feels that it is expedient in the interest of justice to allow the Amendment Application at this stage after having heard both the counsel for the parties. 5. In the Amendment Application the Writ Petitioner has stated at paragraph 3 that during the pendency of the Writ Application the grievance raised by him in relation to promotion, pay fixation etc. have been settled. Mr. Delip Jerath, learned counsel for the Petitioner states at the bar that even the prayer in relation to transfer of the past services indicated above has also now been granted to the Writ Petitioner and therefore, he now confines the entire Writ Application only for consequential relief, Le., for payment of up to date interest on Central Provident Fund/General Provident Fund plus full amount together with upto date interest towards Group Life Insurance. 6. The aforementioned prayer appears to be reasonable prayer inasmuch as they are consequential in nature. In that view of the matter this Writ Application is now disposed off giving liberty to the Petitioner to approach the concerned authority, namely, the Vice Chancellor of the Birsa Agricultural University, Kanke, Ranchi and make a prayer for the aforementioned payments. Such prayer is to be made by the Writ Petitioner through a representation which he must file within two weeks from today.
Such prayer is to be made by the Writ Petitioner through a representation which he must file within two weeks from today. The Vice Chancellor in his turn and upon receipt of the aforementioned representation, shall do the needful and pass a speaking reasoned order in accordance with law after taking into consideration the observations made herein and shall communicate his decision to the petitioner after giving him all necessary and adequate opportunity of hearing within a period of one month from the date of receipt of the aforementioned indicated representation. It goes without saying that the Petitioner must make himself available before the Vice Chancellor, Birsa Agricultural University, Kanke, Ranchi whenever required during the aforementioned period. 7. With the aforementioned observations and directions this Writ Application is disposed off. However, there shall be no order as to costs.