IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No.855 of 2011
Dr. Shree Krishna Prasad ... ... Petitioner
Versus
State of Jharkhand & ors. ... ... Respondents
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CORAM: HON'BLE MR. JUSTICE R.R. PRASAD
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For the Petitioner : Mr. S.K. Ughal, Advocate
For the respondents : M/s I.S. Choudhary, A.K. Mehta and J.C. to S.C.II
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02/11.07.2011
. Heard learned counsel appearing for the petitioner and learned
counsel appearing for the respondents.
Learned counsel appearing for the petitioner submits that the
petitioner got retired from the post of Head of the Department Mathematics,
Giridih College Giridih, on 31.08.1993, but when pre and post retiral dues were
not paid to the petitioner, the petitioner approached to this Court vide W.P.(S)
No.868 of 2003. However, in that writ application, the petitioner confined
himself to the prayer relating to pre-retiral dues such as D.A., interim relief and
promotional benefits etc. The said writ application was disposed of on
27.04.2007, by directing the Ranchi University, Ranchi to decide the claims
relating to pre-retirement within the time stipulated therein.
Pursuant to that, Ranchi University Ranchi took up the matter and
did ascertain the amount to be paid to the petitioner as Rs.1,90,306.14 paise
and after ascertainment of the amount, which was due to be paid to the
petitioner, the Vice Chairman, Ranchi University Ranchi, intimated the same,
to the respondent No.2-Director, Higher Education, Human Resources
Development Department, Government of Jharkhand, Ranchi, way back on
17.04.2009, but when nothing was done in this respect, the petitioner had to
move to this Court again.
Since the amount, which is due to be paid to the petitioner, as
pre-retiral benefits, has already been determined by the Ranchi University
Ranchi, intimation of which has already been given to the respondent No.2-
Director, Higher Education, Human Resources Development Department,
Government of Jharkhand, Ranchi, this writ application is disposed of,
directing the respondent No.2 to release the fund within a period of two
months from the date of receipt/production of a copy of this order, so that the
amount be paid to the petitioner immediately, thereafter.
It is made quite specific that if the amount is not paid within two
months, as stipulated hereinabove, the petitioner would be entitled to have
interest @ 5% on the amount, due to be paid to the petitioner till its payment.
(R.R. Prasad, J.)
Ravi/