DUDHNATH TIWARI Vs. JAI PRAKASH UNIVERSITY

JUDGEMENT

(1.) Prayer in the writ petition is to direct the Respondents to pay a sum of Rs. 1,84,683.80 paise on account of difference of salary according to new Central Pay Scale from 1.1.1986 to 31.7.1996, which is the date of superannuation of the petitioner. Further prayer is to direct the Respondents to pay a sum of Rs. 25,141.60 being 20% from 10.2.1992 for his working as Accountant in addition to his own work; a sum of Rs. 39,319/ - as difference of gratuity money and Rs. 25,490/ - as difference of leave salary which were paid in old scale without adding 20% Dearness Allowance and Rs. 10,387/ - as difference of Group Insurance in the new scheme with effect from 1.12.1985 and the Provident Fund without deducting the management share which were not deposited from August, 1974 to April, 1976.

(2.) IN short, the relevant facts are that on 18.5.1982 the petitioner joined as Assistant in Accounts Section of Jagdam College, Chapra (Saran), which became constituent unit of Bihar University from 1.4.1975. J.P. University came into existence on 20.11.1990 and started its actual independent functioning from November, 1992 and all Colleges of Saran, Siwan and Gopalganj districts including Jagdam College, Chapra were included under the jurisdiction and control of the said University. It is claimed that on the death of Chief Accountant, Late Kusheshwar Nath Singh on 22.11.1986 one Farooqu Ansari, Assistant Accountant started functioning as Accountant of the College. Later after his death on 10.2.1992, petitioner started discharging the said function from 11.2.1992 in addition to his own work as Senior Upper Division Assistant. On account of his additional duty the petitioner filed representation for sanction of 20% extra allowance as per clause 26 (b) of the Chapter XV -A of the University statutes. However, he was not paid the said allowance and the petitioner superannuated from the University service on 31.7.1996 as already mentioned above. His grievance is that due to indifferent attitude of the Respondents, petitioner has been kept deprived of his aforementioned legal dues amounting to Rs. 3,03,346.84 paise now for almost four years.

(3.) A counter affidavit was filed on behalf of Respondent nos. 1 and 2 to which copy of the order dated 14.12.1998 passed by the Vice Chancellor has been annexed as Annexure -A disposing of the claim of the petitioner. In the said order, it is stated that no Central Pay scale has been introduced in the University for nonteaching employees during the period in question, as such, his prayer for payment in the central pay scale is rejected. It is further stated that the State Government has implemented the revised scales of pay for various categories of non -teaching employees of the University in the State of Bihar, and those scales were to be implemented notionally from 1st January, 1986 and actual payments were to be made from 1st March, 1989. The Syndicate of J. P. University in its meeting held on 28 -.6.1998 took a decision to implement the said revised scale of pay of non -teaching employees of its 21 constituent colleges from the month of June, 1998 and payment of arrears for the period 1.8.1989 to May, 1998 was decided to be made only on receipt of the non -recurring grant for the purpose from the State Government. As such, his claim in that regard was disposed of by saying that the same can be settled and cleared on receipt of the grant for which the Government has already been moved. With respect to the balance money in Provident Fund Account, it is stated that the Principal of the College had not sent the said P.F. amount to the University against the employer 's share to his P.F. account for the period 1974 to 1973, as such the same was not deposited. Accordingly he ordered that the Principal be requested to make over the balance to the University along with the employer 's share for the period in question, and the rest might be cleared and payment made to the petitioner. As regards 20% extra remuneration for his officiation to the post of Accountant in addition to his own duties, he rejected the said claim in absence of any such order of the Vice -Chancellor, who is appointing authority of non -teaching employees. On 6.7.1999 the petitioner filed reply to the said counter affidavit.