LAWS(JHAR)-2013-2-122

RAJENDRA PANDEY Vs. STATE OF JHARKHAND

Decided On February 06, 2013
RAJENDRA PANDEY Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) HEARD counsel for the parties. The petitioner superannuated w.e.f. 30.11.1992 from St. Columba's College, Hazaribag, a constituent college under the respondent - Vinoba Bhave University. He had come before this Court earlier in W.P.C. No. 5070 of 2002 which was disposed of vide order dated 23.2.2007 directing the respondents to decide upon his representation with regard to his claim of remaining amount of retirement dues within stipulated period (Annexure -

(2.) THE respondent - State, thereafter, filed their supplementary counter affidavit stating therein that on requisition from the University, communicated through letter dated 22.12.2012 for release of arrears of Rs. 3,80,100/ - in favour of the petitioner, the State Government has released the requisite amount to make payment of the arrears to the petitioner. It has further been stated that the University had paid a total amount of Rs. 3,80,100 after deduction of Income Tax etc. to the petitioner on 4.1.2013. The break up of the amount of Rs. 3,80,100 has been shown under Annexure -A to the counter affidavit of the University which is reasoned order dated 17.3.2008. As per the said reasoned order different claims of the petitioner were processed and the admitted amount in respect of the arrears of pension for the period from 1.1.1996 to 15.11.2000 were shown as Rs. 1,42,971. The difference of gratuity amount of Rs. 9000/ - and the U.G.C. arrear for the period from 1.1.1986 to 31.7.1989 of Rs. 77,389 is shown to have been paid. However, the D.D.A. amount shown as Rs. 2,37,129 was found to be legally admissible. Accordingly, the amount of Rs. 3,80,100/ - was found to be admissible to be paid to the petitioner.

(3.) BE that as it may, the petitioner, who retired in the year 1992 has earlier moved this Court, where after a reasoned order dated 17.3.2008 has been passed by the respondent - University, which is not under challenge in the present writ petition. On perusal of the said order it appears that the admissible amount comes to Rs. 3,80,100/ -, which is shown to have been paid by the respondent - State through their supplementary counter affidavit. The same has not been rebutted by way of rejoinder by the petitioner.