BALESHWAR JHA Vs. STATE OF BIHAR &ORS.

JUDGEMENT

(1.) AFTER retirement, petitioner did not receive what he was entitled to receive in law as his terminal/retiral dues from his employer -University. He was thus compelled to file the present writ petition. Petitioner retired on 31.1.2002.

(2.) THE principal grievance in the writ petition is that the salary of the petitioner stood revised with effect from 1.1.1996 and though the revised salary was to be released from 1.1.2001 upon giving effect to the revision from 1.1.1996, the same was not given effect to although the petitioner was still in employment on 1.1.2001. Petitioner has brought on record the letter of the Government dated 20th July, 2001 which makes it abundantly clear that the petitioner is entitled to such revision. As a result of entitlement to such revision, the petitioner is also entitled to revised pension, gratuity and other terminal dues. It is the contention of the petitioner that the same has not yet been released and paid to the petitioner for no just reason. On retirement, the petitioner received Group Insurance amount with interest at the rate of 4% per annum instead of 11% per annum for no just reason. It has been stated that such interest has been paid to many retired teachers including those who have been named in paragraph 9 of the writ petition.

(3.) WITH the above grievances, the petitioner and some others filed a writ petition registered as CWJC No. 16356 of 2004, which was not entertained for impermissible joinder of causes of action vide an order dated 3.1.2005 preserving liberty of the petitioner to file a fresh writ petition and, accordingly, the present writ petition has been filed.