PUSHPALATA DEO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD counsel for the parties. The present petitioner is widow of the original petitioner, who retired from the post of Principal, A.S. College, Satangh under Sidhu Kanhu Murmu University, Dumka on 31st January, 1999. The original petitioner had come for a direction upon the respondent to pay the retirement benefits including arrears of pay, gratuity difference in pension that has accrued on account of revision of pay as per UGC guidelines along with interest.

(2.) DURING the pendency of the writ application, several orders were passed and the respondent State was directed to release the fund for revised scale of pay and other benefits as per the UGC Grants. By the supplementary counter affidavit filed on behalf of the respondent State on 10th November, 2009, it was stated that by draft no. 982945 dated 9th November, 2009, a sum of Rs. 7,12,118/ - was paid by the University to the petitioner. The said affidavit also encloses a chart showing the claim of difference of salary, DA, HRA of the late employee for the period December, 1990 to January, 1999 totaling Rs. 3,53,926/ -. Again a supplementary counter affidavit was filed on behalf of the State making a statement that the Registrar, Sidhu Kanhu Murmu University, Dumka has informed vide letter dated 13th March, 2012 addressed to the Directorate of the Higher Education, Government of Jharkhand that a sum of Rs. 13,06,533/ - has been paid to the widow of the original petitioner i.e. the present petitioner, a photo copy of the letter dated 13th March, 2012 is enclosed as Annexure -D to the supplementary counter affidavit wherein details of the amounts paid under different heads have been indicated, such as gratuity of Rs. 3,50,000/ -, earned leave encashment of Rs. 28,160/ -, Group insurance of Rs. 30,718/ -, Medical Leave of Rs.