1 WRIT PETITION (SERVICE) NO. 5354 OF 2008
WRIT PETITION (SERVICE) NO. 5354 OF 2008
Prof. (Dr.) Parshuram Tiwary ... ... ... Petitioner
-V e r s u s -
1. State of Jharkhand through the Secretary, Higher Education, Human
Resources Development Department, Government of Jharkhand, Ranchi.
2. Director, Higher Education, Human Resources Development Department,
Government of Jharkhand, Ranchi.
3. Ranchi University, Ranchi through its Vice Chancellor, Ranchi.
4. Registrar, Ranchi University, Ranchi.
... ... Respondent
PRESENT
HON'BLE MR. JUSTICE P. P. BHATT
For the Petitioner : Mr. Shree Krishna Pandey, Advocate
For the University Mr. Anoop Kumar Mehta, Advocate.
P. P. Bhatt, J. Heard the parties.
2. The present petition is filed under Article 226 of the Constitution of
India interalia praying that the respondents may be directed to make
calculation headwise of the dues of the petitioner like gratuity, interim relief,
D.D.A., A.D.A., Group Insurance Scheme, commutation of pension, dues of
revised pay scale in the old and new U.G.C. Pay Scales, interest - statutory
and penal on this on the amount payable under different heads. It is further
prayed that the respondents may be directed to pay adequate compensation
and interest, as directed by the Court earlier.
3. The learned counsel for the petitioner has submitted that the
petitioner was serving as Head of the Department - cum - Dean of Post
Graduate Department of Commerce, Ranchi University, Ranchi who
superannuated on 30.04.2001. The petitioner filed Writ Petition being W.P.
(S) No. 6885 of 2005 for payment of his retiral benefits and other dues
stating in details the heads and amount payable to him which totaling about
Rs.26,19,406/- plus penal interest @12% per annum, which comes to
Rs.34,99,970/-, totaling Rs.61,19,376/- up to the year 2007.
2 WRIT PETITION (SERVICE) NO. 5354 OF 2008
4. It is submitted by the learned counsel for the petitioner that having
regards to the facts and circumstances involved in the matter, this Hon'ble
Court was pleased to pass the order which is annexed with this petition vide
Annexure-1. The learned counsel for the petitioner has referred to and relied
upon the order passed by this Court dated 07.04.2006, 15.05.2006 and the
order passed in Contempt Case (Civil) No. 468 of 2006 dated 21.04.2008,
07.05.2008
and 23.07.2008 i.e. Annexures – 2, 3 and 4 respectively.
Learned counsel for the petitioner has submitted that the petitioner is a
senior citizen and awaiting for his retiral benefits since long.
It is submitted that the petitioner has made several
representations to the respondent – University but there is no response.
Therefore, the petitioner is constraint to file the present writ petition.
5. The learned counsel for the respondent nos. 3 and 4 has referred
to the counter affidavit filed by respondent nos. 3 and 4 and pointed out from
Annexures-A, A/1, B, B/1 and Annexure-C respectively that the amount
payable to the petitioner was calculated under different heads as per
Annexure-C and upon release of grant by the State Government on
16.04.2008 as well as 07.06.2008, an amount of Rs.2,17,873/- plus
Rs.5,26,377/- have been paid to the petitioner and in support thereof, he
has referred to and relied upon the receipt produced on Page-41 of the
compilation to show that the petitioner has received a sum of Rs.7,44,250/-
on 01.07.2008.
Learned counsel for the respondents has also referred to
and relied upon para 5 to 8 of the supplementary counter affidavit filed on
behalf of the respondent nos. 3 and 4 and submitted that as regards gratuity
at the enhanced rate, the Human Resources Development Department,
Government of Jharkhand by its Resolution contained in Memo No. 601
dated 06.07.2006, took a decision to enhance the ceiling of Gratuity from
3 WRIT PETITION (SERVICE) NO. 5354 OF 2008
Rs.1 Lakh to Rs.3.5 Lakh and the State Government has started releasing
the amounts towards enhanced Gratuity only in April, 2009. However, the
University has paid Gratuity at the enhanced rate by cheque dated
15.12.2006 from its own internal resources upon the instruction issued by
the State Government that the amount would be reimbursed later on. As
regards Provident Fund on P.F., D.D.A., the amounts were paid to the
petitioner. It is further mentioned that the Bank makes payment of interest
on the amount of P.F. lying in the P.F. Account of the account holder.
Accordingly, the petitioner has been paid interest on P.F. by the Bank.
As regards UGC arrears for the period 1986 to 1995, it is
submitted that the State Government has released the arrears in
installments in different periods. The 5th and the last installment is still
awaited but since the petitioner had superannuated, the University has
made payment to him from its internal resources.
As regards delay in making payment of the arrears of UGC Scale
of pay, it is submitted that on the date of superannuation of the petitioner, he
was drawing his pay in the old pay scale as is evident from the Service
Book. It is stated that only after his retirement, the State Government has
fixed his pay in the revised U.G.C. Pay Scale in 2003 – 04. After the pay
fixation was made by the State Government, the University made a claim
before the State Government for payment of arrears. The State Government
has taken a decision and released the payment for the period 15.11.2000
onwards i.e. the date on which the State of Jharkhand came into existence.
It is further submitted that the State Government is releasing the
U.G.C. Arrears in phase manner which is still continuing as on date as a
result of which, the teaching employees are still receiving U.G.C. Arrears.
4 WRIT PETITION (SERVICE) NO. 5354 OF 2008
It is also submitted that the petitioner has been paid U.G.C.
Arrears for the said period on priority basis upon release being made by the
State Government vide letter dated 17.06.2008 as contained in Annexure-B/
1 of the counter affidavit. It is also stated that the Director, Human
Resources Development Department had informed the University that the
arrears for the said period i.e. 01.01.1996 to 31.03.2000 would be payable
only after receipt of funds from the Central Government. However, to avoid
contempt, the State Government after two months released the funds by
issuing a cheque in favour of the University on 16.06.2008.
it is further submitted that the petitioner has also been paid UGC
arrears even for the period 01.04.2000 to 14.11.2000. Therefore, no
statutory interest is payable on these accounts.
Learned counsel for the University has submitted that the
respondents – University has not delayed in making payment on receipt of
funds from the State Government.
6. Considering the aforesaid rival submission and upon perusal of
the counter affidavit filed by the respondent nos. 3 and 4 and supplementary
counter affidavit filed by them along with the relevant Annexures, it
transpires that the amount has been calculated under different heads as per
Annexure-C and paid to the petitioner on receipt of grant from the State
Government. Now the limited question which remains to be decided is with
regard to payment of interest. It appears that while passing the order in W.P.
(S) No. 6885 of 2005, this court has passed an order dated 07.04.2006 and
directed the respondents – University and the State to release the amounts
forthwith failing which appropriate order for payment of compensation shall
be passed and the respondents were directed to release the entire retiral
dues together with interest and handover the cheque to the petitioner on
07.05.2006. It appears that the said direction was not complied with fully
5 WRIT PETITION (SERVICE) NO. 5354 OF 2008
and there is apparent delay in making payment. It appears from the receipt
of payment, produced by the respondent nos. 3 and 4 that the payment has
been received by the petitioner on 01.07.2008. Therefore, there is apparent
delay of about two years in making payment i.e. from May, 2006 till the
actual payment is made on 01.07.2008.
7. It appears that the petitioner is senior citizen and retired Professor
of the Ranchi University and has struggled for his legitimate pension and
other retiral dues since long and, therefore, in light of the ratio laid down by
the Hon’ble Apex Court in its various Judgment, one of which is cited by
learned counsel for the petitioner in the case of S.K. Dua Vs. State of
Haryana reported in 2008(2) JLJR 83, it is the duty of the State
Government and the University to make payment of interest on account of
delay occurred in making payment of legitimate retiral dues payable to the
petitioner.
8. Under the circumstances, this Court is of the view that the
petitioner is entitled to get the interest at least for the period from May, 2006
to June, 2008. Accordingly, the respondent nos. 1 and 2 are directed to
make payment of interest for the period from April, 2006 to June, 2008 @7%
per annum. The State Government is directed to release the grant in favour
of the University for the purpose of making payment to the petitioner within a
period of two months from the date of this order. On receipt of grant, the
respondents – University shall make payment to the petitioner without
further delay.
With the aforesaid observations and directions, this writ petition
stands disposed of.
Copy of this order be given to learned counsel for the State as
well as University for their onwards communication to the authorities
concerned.
(P. P. Bhatt, J.)
Jharkhand High Court
Ranchi dated 19th August, 2011
RC