JAG NARAIN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THE petitioner was a peon under Zila Parishad, Muzaffarpur, for about 13 months before his retirement i.e. from 28.2.93 to 31.1.95, the date on which he retired he worked as a Daftari by way of ad hoc working arrangement. The petitioner has prayed for grant of pay scale of Daftari for the aforesaid period and for all retirement benefits, such as gratuity, leave encashment, group insurance on basis of that post. He has also sought direction for payment of other dues such as deposits under compulsory deposit scheme cum contributory provident fund and arrears of T.A. bills. The respondents in their counter affidavit have contested the claim of the petitioner for grant of pay scale of Daftari on the ground that the petitioner merely officiated as Daftari by way of stop gap arrangements and he was never considered for or granted the pay scale of Daftari by way of promotion. However, so far as the retirement dues and other dues are concerned, they have indicated in the counter affidavit that dues on account of provident fund have already been paid and so far as dues on account of other items are concerned, their stand is that the same shall be paid as soon as funds are available with the Zila Parishad.

(3.) SINCE there is no dispute as such with regard to entitlement of retirement benefits of the petitioner and the difficulty shown in the counter affidavit is on account of paucity of funds hence considering all the facts and circumstances of the case I direct the respondents to forthwith grant all the retirement benefits and dues of the petitioner within a period of four months from the date of communication/production of a copy of this order. All such unpaid dues which shall now be paid to the petitioner, must be paid along with 10% interest calculated from the time it became due till the date of actual payment. However, there will be no order as to cost.