KAPIL DEO SAH Vs. TILKAMANJHI BHAGALPUR UNIVERSITY

JUDGEMENT

(1.) In this writ petition, petitioner is aggrieved on account of denial of due payment of retrial dues including difference of revised scale, arrears of dearness allowance, deferred DA etc., which, according to him comes to the tune of Rs. 7,00,081.30.

(2.) According to the stand of the respondents in the supplementary counter affidavit filed on behalf of respondent Nos. 1 to 5, petitioner is entitled for a sum of Rs. 68,881/- on account of gratuity, and Rs. 36,891/- on account of leave encashment and Rs. 24,939/- on account of group insurance. Thus, it is stated that on the aforesaid three heads, petitioner is entitled for Rs. 1,30,711/- as per the fresh calculation chart, a copy whereof has been annexed as Annexure-H to the said supplementary counter affidavit. According to the said respondents, the petitioner has received excess amount of Rs. 3,55,427/- on the basis of higher scale, which was not admissible to him, and, as such, after adjusting the said amount from the aforementioned amount found payable a sum of Rs. 2,24,716/-is to be recovered from him.

(3.) There appears to be some dispute regarding exercise of option in the light of the Statute, contained in chancellor's letter No. BSU-52/80-5285 GS (I) dated 18.11.1980.