ANANT MOHAN DAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE main relief sought by the petitioner in this case is as follows: "Issuance of a writ in the nature of mandamus or an appropriate writ, order or direction commanding the respondents to make payment of compound interest @ 15% per annum on the delayed payments (salary for the period of suspension and retiral dues) as detailed in paragraph no.23 and Annexure 7 to this writ application."

(2.) THE petitioner faced a long controversy in connection with his absorption as a teaching staff in the S.K. Medical College, Muzaffarpur following the take over of the college by the Government. For the realisation of his claim the petitioner came to this court on a number of occasions, some times with writ petitions and some times with M.J.C. petitions, making a prayer to initiate contempt proceedings against the respondent authorities for their failure to comply with the directions of this court. In course of this long controversy he was also put under suspension from which he was released just two days prior to his superannuation on 31.12.1987. Directions were finally given by this court on his claim for absorption as a teaching staff in the college as also for payment of his retiral dues in the judgment and order, dated 1.7.1991 passed in CWJC No. 7813 of 1990. As the final judgment came after his superannuation from service, the only relief that could be given to the petitioner was regarding payment of differential salary in case he was found eligible for promotion to the higher post and payment of his retiral dues. Necessary directions in that regard were accordingly given in the judgment and order passed in CWJC No. 7813 of 1990. On the basis of the directions given by this court, the differential salary and retiral dues have been paid to the petitioner. According to the petitioner, however, payments were made after 5/1/2013 Page 44 great delay. And he is, therefore, once again before this court, claiming compound interest @ 15% on the amounts paid to him under different heads.

(3.) THEN coming to the question of payment of his retiral dues, the following directions were given in paras 11 and 12. of the judgment : "11. In view of the directions of the Division Bench I direct that the petitioner must be paid 75 per cent of his admitted retirement benefits within a period of two months from the date of receipt of this order. The rest shall have to await the decision on the first controversy, i.e., regarding his claim for absorption on a teaching post in the medical college. Accordingly, the must be paid to the petitioner within three months from the final decision taken on the above question. 12. In the meanwhile, if the authorities are so advised they may conclude the departmental proceeding said to have been pending against the petitioner which may have a bearing on the question of his pensionary benefits."