PRABHU NANDAN PRASAD VERMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this writ petition, grievance of the petitioner is that he was superannuated from service of S.K. University, Dumka while working as Professor in the Department of Economics in Deoghar College, Deoghar long back on 31.10.1997, but he has not been paid his post -retiral benefits and arrears of salary.

(2.) COUNTER affidavit has been filed on behalf of Vice -Chancellor and other officials of the University. In paragraph 4 of the said counter affidavit, it is stated that following payments have been made to the petitioner :

(3.) HOWEVER , the University is directed to immediately approach the Commission for completing the formalities for the purpose of final pay fixation. It is expected that the Commission shall do the needful with utmost expedition. In any view of the matter, this Court directs the Respondent - University to see that the arrears of the petitioner along with the remaining post -retiral dues are paid within four weeks of the receipt/production of a copy of this order. In the facts and circumstances, aforementioned, in my opinion, the petitioner is also entitled for penal interest as was awarded in the case of Kanti Prasad Pathak vide order dated 5.11.1996 passed in C.W.J.C. No. 8282 of 1995. Accordingly, this Court directs the Respondents to pay penal interest @ 12% per annum on account of delayed payment, to be calculated from the date of retirement of the petitioner till the date of payment. If any fund is needed from the State Government according to its liability the University may requisition for such amount so that the aforementioned direction of this Court is strictly complied within the fixed time.