LAWS(MPH)-2012-5-85

HARI SINGH GAUR Vs. B D MISHRA

Decided On May 03, 2012
HARI SINGH GAUR Appellant
V/S
B. D. MISHRA Respondents

JUDGEMENT

(1.) This writ appeal is directed against the order dated 3.3.2009 passed in Writ Petition No.6479/2001 by the learned Single Judge of this High Court insofar as it directs the appellant to pay respondent no.1 interest @ 12% p.a. on the provident fund dues.

(2.) Respondent no.1 joined the services of appellant Dr. Hari Singh Gaur Vishwavidyalaya, Sagar, on 11.11.1967 as a lecturer. Thereafter, he worked as Professor and Dean and retired after 30 years of service on 31.1.1998. At the time of retirement he was holding the post of Professor and Head, Department of Linguistics. Since he was not paid retiral dues, he approached the consumer forum but there he could not succeed on the ground that it had no jurisdiction to decide the matter. He, therefore, filed Writ Petition No.6479/2001 for issuing directions against the appellant to pay his retiral dues along with interest. Respondent no.1 in the writ petition categorically pleaded that he was entitled for 12% p.a. interest on the provident fund but was paid only 4 per cent. The learned Judge by the impugned order allowed the writ petition of respondent no.1 directing the appellant to grant following reliefs to him:

(3.) It is not in dispute that the appellant has now granted respondent no.1 the benefits enumerated in the above quoted direction nos.(ii) and (iii).