MOHD QAMRUZZAMMA QUAMAR Vs. STATE

JUDGEMENT

(1.) After having heard the learned Counsel for the parties and going through the pleading filed on their behalf this writ application is being disposed of at the admission stage itself. The petitioner has been dragged to this Court twice for payment of retiral benefits who retired as Director, Deshi Chikitsa, Department of Health, Government of Bihar, on 31.1.90. A reference may be made to the order dated 22.7.93 passed by a Division Bench of this Court in C.W.J.C. No. 6183/91 a copy of which is made Annexure-5 to this writ petition. Admittedly the petitioner was appointed on the post of the Director by Government Order dated 1.7.87 a copy of which is made Annexure-7 to this writ application and the petitioner continued on the post till the date of retirement. The earlier writ petition was disposed of with a direction to pay all retiral dues with interest at the rate of 12% per annum from the date of retirement till the date of respective payments. The said order has been misinterpreted by respondent Director, Provident Fund, inasmuch as, he had excluded the statutory interest payable to the petitioner ignoring the earlier judicial order passed by this Court.

(2.) Accordingly, I direct the State respondent to pay the retiral benefits taking into consideration the pay scale applicable to the Director w.e.f 1.7.87 on which date he had taken over charge of the post of Director and further the petitioner is entitled to the interest @ 12% per annum as directed earlier by the Court apart from the statutory interest payable to the petitioner. In that view of the matter, I direct the respondent authority to re-issue the revised sanction order with reference to the relief sought for in this writ application and forward the same to the Accountant General, Bihar within two weeks from the date of receipt/production of a copy of this order who will issue authority slip within two weeks therefrom. It is unfortunate that despite the matter had been referred to the B.P.S.C. by the Government. We letter dated 28.2.90 contained in Annexure-7, no final decision has been taken by the B.P.S.C. so far. Accordingly, B.P.S.C. is directed to take a final decision if not already taken within two weeks from the date of receipt/production of a copy of this order.

(3.) This disposes of the writ application.