H L WARKOO Vs. KASHMIR UNIVERSITY

JUDGEMENT

(1.) In these writ proceedings, the petitioner has claimed directions to the respondents, i.e. the Kashmir University and the Resident Commissioner, Jammu & Kashmir, to release all pending amounts towards General Provident Fund arrears from 1.1.1999 to 31.5.2000, with Gratuity, Leave Salary, Special Medical Allowance benefits. A consequential direction to pay interest at 18% on the amounts withheld has also been claimed.

(2.) The facts necessary for purposes deciding this petition are brief. The petitioner was appointed as Lecturer in the Respondent University's Math Department. He was promoted as Reader on 1.9.1983. He had opted for GPF-cum-Pension Scheme; the amounts were being credited to the GPF Account in the Jammu & Kashmir Bank. The amounts deducted from petitioner salary as also the contributions of the Respondent University were to be deposited in the Bank and the University was maintaining fixed deposits for the purpose.

(3.) On account of unrest and turmoil in the State, the petitioner apprehending threat to his life and limb, fled from the State of Jammu & Kashmir along with his family members. He and several others came to Delhi. It is claimed that in September, 1990 and on 27.4.1991 the petitioner requested the Respondent University to renew the FDRs, maintained for the purpose of the General Provident Fund amounts. Acknowledging the plight of the respondents who had to leave Jammu & Kashmir on account of the threat to their lives, the Government of Jammu & Kashmir and the Respondent University devised an arrangement, authorizing the Resident Commissioner of Jammu & Kashmir, in New Delhi to release salary and emoluments to the migrant employees who had settled in Delhi. As a result, the petitioner continued to receive salary, which was disbursed by the Resident Commissioner.