SATYENDRA NATH RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this application the prayer is for issuance of a writ in the nature of mandamus directing/commanding the respondents to pay pensionary benefits of the petitioners such as adquate dearness allowance as per Government order, contained in Annexure 2, and also interim relief as provided by the Government for the retired employees time to time, contained in Annexures 4 and 4/1. Further prayer is to direct the respondents to pay pension of the petitioners regularly every month and to pay leave encashment of petitioners no. 2 and 3 in full and of petitioner no. 1 for 60 days.

(2.) IN short, the relevant facts are that the petitioners retired as an employee of Gaya Municipal Corporation, Gaya on 4.1.1991, 1.9.1989 and 29.2.1992 respectively. When they were not paid the retiral benefits and pension for about three years they filed writ petition bearing C.W.J.C. No. 8098/94 which was disposed of on 31.1.1996 with the direction to the respondents to pay entire admissible post retiral dues to the petitioners within three months. When the respondents did not comply the said order of this Court the petitioners filed M.J.C. No. 1845/96 for initiating contempt proceeding against them. However, during the pendency of the contempt application the petitioners were paid gratuity and also pension but with lesser percentage of dearness allowance from the date of their retirement. It is claimed that the petitioners protested but this Court disposed of the contempt application on 12.5.1998 directing the petitioners to file representation before respondent no.2 for their remaining grievance, if any. According to their case, the regular employees of the same category are paid higher percentage of dearness allowance which was allowed time to time but they were denied of the same. It is, thus, claimed that they are entitled for the same percentage of the dearness allowance as allowed by the Government and shown in Annexure 1 series on the basis of the Government letter dated 19.4.1991, contained in Annexure 2. According to the petitioners, they are yet to be paid their pension as follows : Total Paid Balance Petitioner no.1 Rs. 1,56,108 Rs. 1,01,341 Rs. 54,767 Petitioner no.2 Rs. 1,63,514 Rs. 97,124 Rs. 66,390 Petitioner no.3 Rs. 1,19,918 Rs. 75,711 Rs. 44,267

(3.) IT is also their case that the respondents are not paying interim relief of Rs. 50/ - as allowed by the different Governments letters with effect from 1.4.1995 and 10% of the pension with effect from 1.4.1997. It is also alleged that they have not been paid the amount of leave encashment for which they are entitled.