NIRMALA PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.

(2.) The petitioner is a widow of an employee, who was working as Demonstrator in Chemistry Department, Gaya College, Gaya, a constituent unit of Magadh University, and died on 25/6/1995 in harness. She has approached this Court, seeking direction to the University and other respondents for making payment of dues against some of the heads as indicated in paragraph no.5 of the writ application consequent upon the death of her husband. Out of five reliefs which the petitioner is seeking, there is categorical statement made on behalf of the University that under the head, arrears of difference of salary from 1/8/1989 to November, 1992, Rs.47,828.00 has now been paid to the petitioner on 7/8/2021. In respect of item no.5, it is the petitioner's specific case that an amount of Rs.41,921.00against dearness allowance was sanctioned but, the same has not been deposited in the petitioner's account. It is the stand of the University, on the other hand, that the relief of dearness allowance was not extended to the petitioner because she herself was working during that period and, therefore, was not entitled to the said benefit.

(3.) Learned counsel for the petitioner has disputed this fact and submits that the petitioner was working during the said period but, not under the University rather in the school, which can be said to be part of the University. On the basis of the pleadings on record, I find substance in the submission made on behalf of the petitioner in this regard. Accordingly, the respondents are directed to pay to the petitioner the said sum of Rs.41,921.00, which was payable against dearness allowance. Since, admittedly the respondents failed to pay this amount which remained pending for decades, this Court directs the University to pay the said amount with interest at the rate of8% per annum within two months from today.