LEELAWATI NARAYAN Vs. STATE OF JHARKHAND & OTHERS

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) The petitioner retired on 30th June 2003 from the post of Headmistress of Rajkiyakrit Buniyadi Madhya Vidyalaya, Namkum, Ranchi. The petitioner in the instant case, has prayed for finalisation of her pensionery dues at the last pay drawn by her i.e. Rs. 9,750.00 + D.A as recorded in her service book. She is also aggrieved by the order dated 31st March 2004 issued by the Respondent No. 4 - The District Superintendent of Education, Ranchi whereunder her pensionary dues has been fixed by treating her last pay as Rs. 7,500.00 instead of Rs. 9,750.00.

(3.) The petitioner had preferred two writ petitions in the year 2003; one WPS No. 3095/2003 was preferred alleging that the respondents have wrongly fixed her pay against which, she has represented on 19th Sept. 2002 before the DSE, Ranchi. The learned Single Bench of this Court remitted the matter to the DSE, Ranchi to determine as to whether the pay of the petitioner was wrongly fixed or not, also taking help from the office of the Accountant General, Jharkhand or District Accounts Officer for the said purpose. That reference of the judgment was however not made by the petitioner in the earlier unamended present writ application. She instead made reference of another writ petition being WPS No. 330/2004 in which she raised a claim for payment of post retirement dues after her retirement on 30th June 2003. The said judgment was disposed of on 22nd Jan. 2004 by directing the DSE, Ranchi to look into the matter and ensure that the admissible retiral dues are paid within a period of two months (Annexure-1). The office of the Accountant General was also directed to finalise her pension on receipt of necessary papers within a period of one month thereafter.