D.UDAYABHANU Vs. SECRETARY

JUDGEMENT

(1.) PETITIONER who was regularized as a contingent employee with the respondent as per judgment in O.P.No.2176 of 1995 retired on 31.10.2011 on attaining superannuation. Petitioner claims that he is eligible to get earned leave for the period from 01.07.1986 to 16.05.1989 and non merged D.A arrears in the Provident Fund inclusive of the period from January, 2005 to October, 2007 with interest.

(2.) AFTER hearing the learned Standing Counsel for respondent and taking into account the averments in paragraph 4 of the counter affidavit of the respondent, this Court passed order on 01.04.2013 granting time to the learned Standing Counsel for respondent to get instruction as to whether the sum of '.57,348/- paid to the petitioner as per cheque dated 22.03.2013 represents the pay revision arrears (as claimed by the petitioner) or it represents arrears of Dearness Allowance which was not deposited in the Provident Fund Account or surrender of value of earned leave.

(3.) LEARNED Standing Counsel for the respondent on getting instruction has submitted that petitioner is eligible to get earned leave from 01.07.1986 to 16.05.1989 and D.A from January, 2005 to October, 2007 with admissible interest in accordance with Ext.P3. Learned Standing Counsel submits that it requires three months time for disbursement of the said amount to the petitioner since sanction from the Director of Local Funds is awaited. It is also submitted that respondent has already taken steps in the matter.