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Jharkhand High Court · body

2011 DIGILAW 557 (JHR)

Kalind Kumar v. Vinoba Bhave University

2011-06-27

N.N.TIWARI

body2011
ORDER N.N. Ttwari, J. 1. By the Court-In this writ petitions, the petitioner has prayed for a direction on the respondents to pay difference of arrears of salary after giving due yearly increments to him from 1997 till the petitioner's retirement from service on attaining the age of superannuation. 2. According to the petitioner, he was Reader in Vinoba Bhave University, Hazaribagh (for short University). He was entitled to get yearly increments, but on one pretext or the other, the University prolonged the same and has not released his yearly increments since 1997. The petitioner (individually as well as jointly with other aggrieved teachers made repeated requests and filed representations before the University during service period and even after retirement, but no order has been passed till date and the increments have not been given to the petitioner. 3 One of the similarly situated aggrieved teachers, namely, Raj Bihari Singh had 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 in his favour and paid the difference of pay, as also the arrears: of difference of retiral dues by giving the annual increments, since 1997. It has been submitted that the petitioner's case is identical and is squarely covered by the said decision of the University. But the University has not released the annual increments of the petitioner till date. 4. Learned counsel appearing on behalf of the University submitted that the petitioner's claim shall be considered and if the same is found similar to the case of Raj Bihari Singh, his increments shall be also released and admitted arrears shall be paid to the petitioner without further delay. 5. Having heard learned counsel for the parties and in view (sic) fair stand taken by the counsel For the respondents, 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 Univerjsity, Hazaribagh. On receipt of the 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 the representation. 6. On receipt of the 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 the representation. 6. If the petitioners claim is found identical to the said Raj Bihari Singh, the admitted amount of arrears as difference of pay as also the arrears of pensionary benefits shall be paid to the petitioner within two months thereafter. In that event, the University shall also revise other retiral benefits of the petitioner after fixation of pay adding the increments and pay the arrears thereof within the said period. If the admissible dues/arrears are not paid within the said period, the petitioner shall be entitled to get interest @ 10% per annum till final payment