LALPARI DEVI Vs. RAJENDRA AGRICULTURAL UNIVERSITY

JUDGEMENT

(1.) IN this writ petition, the petitioner, who claims to be the widow of Late Chandra Bhushan Prasad Singh, who retired as Senior Clerk from Rajendra Agricultural University on 31.1.2002 and ultimately died on 16.9.2002, is aggrieved on account of withholding of 10% of lifetime pension and 10% of family pension, the amount of gratuity and leave encashment.

(2.) FROM the counter affidavit filed on behalf of the University and its officials it appears that after filing of the writ petition the claim of the petitioner has been disposed of by a reasoned order dated 26th July,2003, contained in Annexure B. According to the said order, the petitioner has been found entitled to get retiral benefits/ dues amounting to Rs. 1,89,516/ - as per the details mentioned therein but, according to the University, a sum of Rs. 4,26,475.62 is recoverable as per audit of the accounts and stock -book of Directorate of Seed & Farm. So it has been found that after adjustment of the amount found payable a sum of Rs. 2,36,959.62 is to be refunded by the petitioner.

(3.) UNDER the above circumstances, I find it difficult to accept any valid justification for recovery of the amount on the basis of so -called audit objection, upon which except for asking of an explanation, no action was taken for almost three to four years. This Court finds it difficult as to how the dues payable to the widow can be denied on such plea which remained undecided during the lifetime of the deceased, so much so that even after retirement the employee was alive for about nine months and kept on visiting the office of the Vice -Chancellor (respondent no. 2). This only depicts sheer callousness on the part of the University authorities in discharging their responsibility towards its employees and the widow, which is strongly deprecated. On the request of the learned counsel appearing for the University and its Vice -Chancellor twice the matter was adjourned to enable the University to come with redressal of the grievance, but till date there is no response.