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2003 DIGILAW 935 (PAT)

Ravi Pandit v. State Of Bihar

2003-09-02

RADHA MOHAN PRASAD

body2003
Judgment 1. This writ petition has been filed by the petitioner claiming to be the son of Late Devsharan Pandit, who died in harness on 30th July, 1996 while posted as an Assistant Teacher in Primary School, Dhimoi, Harnaut in Nalanda district. His grievance is that the amount of gratuity and differential of arrear salary for the period 1.1.1971 to 31.3.1973 have not been paid. Besides this, he has also claimed for grant of family pension for the sister, who got married in the year 1998. 2. Learned counsel for the State has produced the sanction order with respect to gratuity and family pension issued to the Accountant General, vide letter dated 28.8.2003. Learned counsel for the Accountant General has assured that the authority for gratuity and family pension shall be issued and a copy thereof shall be handed over to the learned counsel for the petitioner within a week. 3. With respect to differential salary, learned counsel for the State has submitted that the D.S.E. has not been able to trace out from the record as to whether the same was paid or not. However, he has fairly submitted that this writ petition can be disposed of with the direction to the D.S.E. to pay the differential salary, if not already paid, within a week. 4. Accordingly, this writ petition is disposed of with the direction to the D.S.E., Nalanda (respondent no. 4) to examine the claim relating to differentia! salary for the period 1.1.1971 to 31.3.1973 and if not already paid, the same must be paid within a week. However, it is made clear that if the payment has been made, respondent no.4 must communicate it to the petitioner within the aforesaid time and a copy of the said letter shall also be handed over to the learned counsel for the petitioner within the said time. 5. Further, learned counsel for the petitioner has submitted that in view of delay in release of the amount of gratuity, the petitioner is entitled for payment of interest at least as per the Government circular, bearing no. 3155 dated 7.11.1981. The petitioner thus is given liberty to move the authority concerned for payment of interest on delayed payment of the amount of gratuity in terms of the said Government circular. 3155 dated 7.11.1981. The petitioner thus is given liberty to move the authority concerned for payment of interest on delayed payment of the amount of gratuity in terms of the said Government circular. If such a claim is raised within two weeks, the same shall be considered and disposed of by the concerned authority within two weeks thereafter by a reasoned order and sanction for the same, if any is required, must also be issued within the said time. 6. it is made clear that in case of non-compliance of any part of this order, the concerned authority shall be liable to pay a cost of Rs. 1,000/- (one thousand) from his own pocket to the petitioner and the petitioner will be at liberty to file two- page affidavit for revival and for taking appropriate action.