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Jharkhand High Court · body

2011 DIGILAW 542 (JHR)

Tunua Devi Etc. v. State of Jharkhand

2011-06-23

N.N.TIWARI

body2011
ORDER N.N. Tiwari J. 1. By the Court.--In this batch of writ petitions, the petitioners' common grievance is that though they were entitled to get all their service terminal benefits and retiral dues after their retirement as teachers of the college, their dues have not been paid to them even after several years of their retirement. The petitioners have prayed for direction on the respondent-University to pay the balance retiral dues including the difference of pay and pension payable to the petitioners on the U.G.C. revised scale. 2. It has been submitted that the petitioners (husband of the petitioner in W.P.(S) No. 1231/2011 and father of the petitioners in W.P.(S) No. 1362/2011) were teachers in G.L.A. College, Daltonganj. They retired on attaining the age of superannuation. After their retirement the petitioners were entitled to get the arrears of service period as also the retiral benefits, but in spite of their repeated requests and representations, full retiral dues have not been paid to them till date. Even in the cases in which retiral dues have been partly paid, the same were not calculated on the basis of revised UGC scale which is applicable to the petitioners. 3. Learned counsel appearing on behalf of Ranchi University submitted that now in view of creation of Nilambar- Pitambar University, the said University has to consider the petitioners' claim and pay the balance dues to the petitioners. 4. Learned counsel appearing on behalf of Nilambar- Pitambar University, on the other hand, submitted that some of the petitioners retired from Ranchi University and, as such, Ranchi University is liable for payment of the dues claimed by the petitioners. However, learned counsel for the said University submitted that the petitioners' respective claims shall be considered by them and appropriate order shall be passed in accordance with law. 5. In view of the said submissions of learned counsel for the University, this batch of the writ petitions is disposed of directing the Universities to consider the claim of the petitioners and pass appropriate order in accordance with law within a period of six weeks from the date of receipt of the representation. 6. It is made clear that the concerned University shall be that University, from which the petitionees retired. Even if in the cases that the claim is payable by both the Universities, the same shall be settled between the Universities. 6. It is made clear that the concerned University shall be that University, from which the petitionees retired. Even if in the cases that the claim is payable by both the Universities, the same shall be settled between the Universities. But in any event, the claim shall be payable to the petitioner by the University from which he/ they retired. On consideration of the petitioners' claim, the amount found payable to them shall be paid to the petitioner within a period of two months from the date of disposing of his/their claim by the respondents) with statutory interest. 7. If the admitted amount(s) is/are not paid to the petitioners within the said period, the petitioner(s) shall be entitled to get compensatory interest @ 10% per annum in addition to the statutory interest calculated from the date the amount(s) found due till the date of actual payment. 8. The Universities shall be at liberty to recover the amount of compensatory interest from the erring officials. 9. It goes without saying that if the University has to get any amount from the State Government, it must submit a requisition well within time and if it is found that the amount is payable by the State Government, the concerned authorities of the State Government shall take immediate step to release the amount, so that the arrears of the retired teachers be cleared within the prescribed period, aforesaid.