BIJAY KUMAR DASH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the respondent-State and the University.

(2.) The grievances of the petitioner is that he has served on the post of Assistant Liberian from 01.04.1977 in the Kashi Sahu College, Saraikella, which became a constituent college of the Ranchi University vide memo No. P15327-83 dated 18.12.2008 as per Annexure-J to the supplementary counter affidavit of the respondent No. 2 filed on 07.07.2014. However, after his retirement on 31.08.2012, the respondents have not yet released the admissible post retirement dues such as Provident Fund, Gratuity, Group Insurance, Leave Encashment etc. with statutory interest. He is also entitled for fixation of pay under the 5th and 6th Pay Revision, which have been granted in respect of the University employees and also its arrears.

(3.) Learned counsel for the petitioner has straightaway relied upon the judgment in the case of Ratni Oraon and Anr. vs. The State of Jharkhand and Ors. in W.P. (S) No. 7818 of 2012 dated 13.12.2013 and submitted that the said employee, whose dependant had filed the said writ petition, had also been appointed as Peon in the same college in June, 1978 and died in harness on 25.12.2011 thereafter. The said petitioner had preferred the writ petition for grant of family pension and admissible death-cum-retiral dues and also claiming for compassionate appointment. It is submitted that in the said case also a plea was taken by the respondents that the post, upon which the deceased employee was appointed, was not sanctioned post, therefore the claim was not justified. It is submitted that the learned Single Judge after considering the rival submissions of the parties was of the view that such a ground cannot now be taken after 33 years of service rendered by the said deceased employee for denying the benefits of service to his dependant in the nature of pension etc., which is not a bounty but is a statutory right of an employee. The respondents were, therefore, directed to pass an appropriate order for release of family pension and other admissible dues by the said judgment.