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Jharkhand High Court · body

2009 DIGILAW 673 (JHR)

Prof. Shukhdeo Pathak v. State of Jharkhand

2009-05-01

D.N.PATEL

body2009
JUDGMENT: 1. Learned counsel appearing on behalf of the petitioner submitted that he retired as Reader on November 30, 2000 and was given promotion after his retirement vide order at Annexure 1 on the post of Professor with effect from May 8, 1993 and, therefore, all the retirement benefits are to be fixed on the basis of the pay scale of the Professor. 2. It has also been submitted by the learned counsel for the petitioner that the respondent-University has already submitted all the papers to the State authorities but the State Government has not taken a decision for payment of retirement benefits on the basis of the pay scale of a Professor and, therefore, a suitable direction may be given to respondent nos. 1 and 2 to finalize the amount of retirement benefits, as prayed for in the memo of this writ petition, treating this petition as a representation, on the basis of the pay scale of a Professor, within stipulated time. 3. I have heard learned counsels for the respondents. Learned counsel for the University submitted that they have already submitted all the papers, details and service records of the petitioner to respondent nos. 1 and 2, for fixation of retirement benefits of the petitioner on the basis of pay scale of Professor. 4. I have also heard learned counsel for respondent nos. 1 and 2, who has submitted that within stipulated time, they will decide the representation in accordance with law, rules, regulations and policies and also keeping in mind Annexure 1, which is promotion order, with retrospective effect. 5. Learned counsel for the petitioner has insisted upon payment of interest, since the final amount has not been paid within the stipulated time, as directed by this Court in dated July 1, 2008 (Annexure 3/A to the memo of present petition). 6. Having heard learned counsel for both the sides and looking to the facts and circumstances of the case, it appears that the present petitioner had retired on November 30, 2000 as a Reader of the respondent-University. It also appears from Annexure 1 that he was given promotion with retrospective effect on the post of Professor with effect from May 8, 1993. Therefore, all the retirement benefits ought to have been calculated on the basis of the pay scale of Professor. It also appears from Annexure 1 that he was given promotion with retrospective effect on the post of Professor with effect from May 8, 1993. Therefore, all the retirement benefits ought to have been calculated on the basis of the pay scale of Professor. The respondent-University has already sent all the necessary reports along with the service records and such other necessary details to respondent nos. 1 and 7. In view of the aforesaid facts, I hereby direct respondent nos. 1 and 2 to treat this writ petition along with its Annexures as a representation and all the prayers in the writ petition will be decided on the basis of the pay scale of a Professor. The retirement benefits will be calculated and finalized by respondent nos. 1 and 2 within a period of twelve weeks from the date of receipt of a copy of this order. The retirement benefits, upon finalization, will be paid promptly to the petitioner, either directly or through the University. It is expected from the high ranking officer of the State of Jharkhand that looking to the order, passed at Annexure 3/A, the petitioner will not be compelled to file a contempt petition and to get the interest from the salary of the erring officer and there shall be all speed, in deciding the benefit of the petitioner and all promptness will be shown in payment of retirement benefits. 8. This writ petition stands disposed of accordingly.