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2011 DIGILAW 539 (JHR)

Jasvindar Kaur Seth v. Vinoba Bhave University

2011-06-22

N.N.TIWARI

body2011
JUDGMENT Narendra Nath Tiwari, J. 1. In this writ petition, the Petitioner has prayed for a direction on the Respondents to pay difference of arrears of salary after giving due yearly increments from 1997 till the Petitioner's retirement from service on attaining the age of superannuation. 2. It has been stated that the Petitioner was reader in Vinoba Bhave University, Hazaribagh (for short University). The Petitioner was entitled to get yearly increments. The Respondents assured to pay the same, but yearly increments were not given to the Petitioner since 1997. During her service period, the Petitioner individually and also along with other aggrieved teachers had made repeated requests and representations before the Respondents. Even after retirement several representations have been filed, but the arrears of increments have not been paid to her. 3. One of the similarly situated aggrieved teachers, namely, Raj Bihari Singh preferred writ petition, being W.P. (S) No. 2392 of 2010. The said writ petition was disposed of by order dated 25th August, 2010, directing the University to consider his claim and pass appropriate order. The University, thereafter, decided the claim of said Raj Bihari Singh and paid the difference of pay as also the arrears of difference of retiral dues by granting annual increments due since 1997. 4. It has been stated that the Petitioner's case is exactly similar, but the University refused to treat her similarly and has not paid the said benefit. The Petitioner in that circumstance has to approach this Court. 5. Learned Counsel appearing on behalf of the University submitted that the Petitioner's claim shall be considered and if the same is found genuine, the admissible amount shall be paidwithout any delay. 6. I have heard learned Counsel for the parties. Though learned Counsel appearing on behalf of the University submitted that the Petitioner's claim shall be considered, no reason has been assigned as to why the Petitioner, who has got identical case with that of said Raj Bihari Singh, has not been treated equally and why the claim of the Petitioner has not been disposed of till date. 7. It is a matter of concern that the University compels the candidates to file cases in the Court even for the same nature of claim, which is already accepted by the University in some other case. 7. It is a matter of concern that the University compels the candidates to file cases in the Court even for the same nature of claim, which is already accepted by the University in some other case. Such attitude not only puts the employee to unnecessary loss and harassment, the University too has to bear unnecessary financial burden in defending such cases. Multiplicity of litigations further adds burden to already over loaded Courts. However, learned Counsel for the University has assured that the Respondents shall take case of such matters and shall also consider the Petitioner's claim and pass appropriate order without any further delay. 8. Considering the above, this writ petition is disposed of, giving liberty to the Petitioner to file a fresh representation, along with a copy of this order, before the Vice Chancellor, Vinoba Bhave University, Hazaribagh. On receipt of representation, the said Respondent shall consider the same and pass appropriate reasoned order within a period of six weeks from the date of receipt of representation. If the Petitioner's claim is found identical with the aforesaid Raj Bihari Singh, who has been given the increments for the relevant period, admitted amount of difference of arrears of pay shall be paid to the Petitioner within six weeks thereafter. The University shall also immediately revise the pensionary benefits of the Petitioner on that basis and pay the arrears thereof within two months. If the arrears found payable to the Petitioner are not paid within the said period, the Petitioner shall be entitled to get interest @ 10% per annum till final payment. The University shall be at liberty to recover the said amount of compensatory interest from the erring official(s).