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Patna High Court · body

2007 DIGILAW 1529 (PAT)

Asha Devi v. Lalit Narayan Mithila

2007-09-18

BARIN GHOSH

body2007
Judgment 1. In the supplementary counter affidavit filed by the University it has been stated that on account of pension, dearness al- lowance on pension, leave encashment and gratuity, a total sum of Rs. 6,38,468/- is due and payable to the petitioner, which sum shall be paid to the petitioner on receipt of grant from the State for which a proposal has been sent to the Accountant General on 22.8.2007. 2. It has further been stated that on account of arrears of salary the petitioner is entitled to Rs. 8,41,563/- for the period 1.1.1996 to 31.7.2003. In addition to that it has been stated that for the period from 1.1.1986 to 31.12.1995 the petitioner is entitled to a sum of Rs. 1,63,958/- on account of difference of salary. When these monies will be paid to the petitioner, no indication has been given in the said affidavit or otherwise. 3. Therefore, the claim of the peti- tioner stands crystalised at Rs. 6,38,468 + Rs. 8,41,563 + Rs. 1,63,958. 4. Let these sums be paid to the petitioner on receipt of the next grant to be received by the University from the State Government. 5. In the event, if any part of these dues is on account of difference by reason of revision effected on the basis of rec- ommendation of UGC, the same shall be paid in terms of the instalments as would be released by the State Government upon receiving the fund from the Central Government. 6. The aforementioned dues and claims shall carry interest at the rate of 5% per annum from the due dates until payment except the difference of salary by reason of adoption of the UGC scale. 7. In the said affidavit, the University has contended that interest on Group Insurance has been paid at the rate of 10% simple. There is a judgment which entails interest at the rate of 12% compound which judgment has been affirmed by the Divi- sion Bench. In such view of the matter, the University is directed to recalculate the interest liability of the University on account of Group Insurance amount payable to the petitioner and to pay the same out of the next fund to be released by the State Government to it. 8. The writ application stands disposed of.