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2013 DIGILAW 187 (JHR)

Arup Kumar Chatterjee v. Vinoba Bhave University, Hazaribagh

2013-02-05

N.N.TIWARI

body2013
JUDGMENT 1. In I.A. no.485 of 2013, the petitioners have prayed for fixing an early date of hearing of W.P.(S) no.4138 of 2011 and for interim relief for payment of admitted post retiral dues. In view of the nature of the case and with the consent of the parties, the writ petition is itself heard and is being disposed of by this order. 2. In the writ petition, the petitioners have prayed for direction on the respondents to pay their retiral dues as well as service terminal benefits: such as arrears of difference of pay payable on the basis of 5th Pay Revision; arrears of leave encashment; arrears of gratuity and the arrears of pay, which the petitioners was entitled to get after time bound promotion. 3. The petitioner no.1 retired on 31.08.2006 as Correspondence Clerk and the petitioner no.2 retired on 31.08.2004 as Accountant, from Giridih College. After their retirement, the petitioners were entitled to get their service terminal benefits including the arrears of difference of pay admissible to them after 5th Pay Revision and time bound promotion. They were also entitled to get all the retiral dues. But even after lapse of several years of their retirement, the said arrears and dues have not been paid to the petitioners, inspite of their repeated requests and representations. 4. Mrs. I.Sen Choudhary, learned counsel, appearing on behalf of the respondents, submitted that if the petitioners' claims are still pending or if the petitioners file fresh representations regarding their claim, the same shall be considered and appropriate order shall be passed without any delay. 5. Considering the said submissions, the writ petition as well as I.A. no.485 of 2013 is disposed of giving liberty to the petitioners to file representation(s)before the Registrar, Vinoba Bhave University, Hazaribagh-respondent no.2. On receipt of representation(s), the said respondent shall consider the petitioners' claims and pass appropriate order in accordance with law within six weeks from the date of receipt of representation. 6. If the petitioners are found entitled to the benefit(s)/arrear(s) or one or the other benefit claimed by them, admitted amount with statutory interest shall be paid to the petitioners within six weeks thereafter. 7. 6. If the petitioners are found entitled to the benefit(s)/arrear(s) or one or the other benefit claimed by them, admitted amount with statutory interest shall be paid to the petitioners within six weeks thereafter. 7. If the amount(s) found payable to the petitioners is/are not paid within the said period, the petitioners shall be entitled to get additional compensatory interest @ 10% per annum from the date the amounts were found payable till the date of final payment.