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2005 DIGILAW 525 (JHR)

Chandra Bhushan Jha v. Ranchi University

2005-07-20

SUDHANSU JYOTI MUKHOPADHAYA

body2005
ORDER S.J. Mukhopadhaya, J. 1. This petition has been preferred by petitioner for direction on the respondents to pay him the following retiral benefits and other dues : (i) The leave encashment amount being salary of 230 days in the new UGC scale as has been granted vide order dated 23.8.2002, (Annexure-5). (ii) The arrear pay and allowances of the period April, 1989 to November, 2000 amounting to Rs. 20935/-(Rupees twenty thousand nine hundred thirty five) only, as shown vide chart at Annexure-6. (iii) The interest amount for the period 1989 to 1992 against the amount of Rs. 44,909/- (Rupees fourty four thousand nine hundred nine) only which was credited by the respondent No. 1, after long delay vide Annexure-7. (iv) Difference of salary in the new UGC pay scale, effective from the date 1.1.1996 (vide Annexure-8) till his date of retirement. (v) Difference of pension calculating in the new UGC pay scale. 2. According to petitioner, he was in the services of the Ranchi University (hereinafter referred to as University) and suparannuated on 30th September, 2001 from the post of Professor and Head of the Department of History in Birsa College, Khunti, District Ranchi. The grievance of the petitioner is that though he retired as back as on 30th September, 2001, the aforesaid benefits have not been allowed. 3. Earlier, when the case was taken up, an impression was given that because of paucity of fund, the University was not in a position to pay the total benefits and other dues. 4. Mrs. Sheela Prasad, learned G.P. IV was allowed time to come with a concrete proposal as to what the State Government can do for payment of post retiral dues. In spite of time granted, no affidavit has been filed. Mrs. Prasad states that the affidavit is under process and will be filed, in course of day and submitted that the University is liable to pay the dues. She further submitted that the petitioner is entitled for leave encashment only for a period of 180 days as per the Statute. 5. Mr. A.K. Mehta, counsel for the University while referring to counter affidavit filed by the University, submitted that the petitioner is entitled to a maximum of 180 days encashment. However, as the entire amount has not been received against the aforesaid head from the State Government, entire amount has not been paid. 5. Mr. A.K. Mehta, counsel for the University while referring to counter affidavit filed by the University, submitted that the petitioner is entitled to a maximum of 180 days encashment. However, as the entire amount has not been received against the aforesaid head from the State Government, entire amount has not been paid. It is stated that an amount of Rs. 96,960/- is admissible to the petitioner of which a sum of Rs. 42,470/- has been paid and rest of the amount of Rs. 54,490/-could not be paid due to lack of fund. 6. It is further submitted that a request has been made to the State Government to allow leave encashment to the University employees at par with the State Government employees. 7. So far as other amounts, such as, UGC arrears; UGC revised pay/pension; gratuity; arrears of salary and allowance for the period from April, 1989 to November, 2000 are concerned, though certain amount seems to have been paid but admittedly total due has not been paid to the petitioner. 8. It is submitted that the provident fund amount together with interest has already been paid to the petitioner. 9. Counsel for the petitioner disputed the fact that the petitioner was paid a sum of Rs. 42,470/- towards gratuity. From the counter-affidavit, I also find that the respondents have not given any detail to show that payment has actually been made. 10. In the facts and circumstances, the respondents are directed to pay the petitioner the admitted leave encashment, gratuity, pension in the revised scale of pay along with interest @ 5%, within a period of three months from the date of receipt/ production of a copy of this order, failing which the respondents will be liable to pay a cost of Rs. 10,000/- (ten thousand). 11. The respondents are also directed to pay the petitioner the other dues, such as, UGC arrears/UGC revised scale/salary and allowance for the period from April, 1989 to November, 2000, if found payable, within the aforesaid period of three months. 12. The University may take up the matter with the Secretary, Higher Education, Human Resources Department, Government of Jharkhand, who in his turn, may take up the matter with the Finance Secretary, Government of Jharkhand to ensure compliance of the Courts order. 13. This writ petition stands disposed of, with the aforesaid observations/directions.