DURGA PRASAD UPADHYAYA Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD counsel for the petitioner, counsel for the State as well as counsel for Patna University.

(2.) THIS application was filed by the petitioner for a direction to make payment of retiral dues. The petitioner retired on 31st October, 1996. from the post of University Professor of Law, Patna Law College. After his retirement the petitioner submitted all papers with regard to fixation of his pension and payment of all retiral dues. He was not paid his full provident fund amount. The payment was made in October, 2002 by a notification but the interest payable thereon was not paid. His deferred Dearness Allowance and salary in the revised scale and some other dues have also not been paid. He was paid only pension and gratuity amount. By a notification No. U182 dated 31.1.97, petitioner was directed to continue his work. He continued to work and stayed in the University quarter allotted to him. Petitioners grievance is that the University has charged penal rent from his for his overstaying in University quarter, after his superannuation.

(3.) SO far as charge of penal rent is concerned, petitioners counsel has stated that petitioner was not paid his retiral benefits in time, on account of laches on the part of the University. In such case, penal rent should not be charged from him, as decided by K.K. Jha Committee constituted by the University.