SHANTI DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned Counsels for the parties.

(2.) The instant Writ Petition has been filed for issuance of Mandamus and commanding the Respondents to immediately and forthwith release the pension, gratuity, group insurance and leave encashment to the Petitioner.

(3.) The brief facts of the case are that the Petitioner was appointed on 1/11/1984 vide Letter No.82/84 on the post of Lecturer in BNJ College, Sisai, Gumla. Thereafter, the Petitioner was put on deputation and further transferred to Ram Lakhan Singh Yadav College, Kokar, Ranchi, on 16/2/2002. Further, the Petitioner was appointed as a member of Jharkhand Public Service Commission vide Notification No.6/L.S.A.-6127, dtd. 7/11/2003, where she took charge vide Memo No.804. The Petitioner remained in extraordinary leave without pay for 5 years and was on lien for 6 years. Thereafter, upon being relieved from Jharkhand Public Service Commission, the Petitioner joined Ram Lakhan Singh Yadav College, Kokar, Ranchi, on 7/11/2009. It is specific case of the Petitioner that 6 cases were lodged against her out of which in 3 cases she has been acquitted and other 3 cases are pending before this Court and in one of the cases, the Petitioner has been released on Bail. The Petitioner remained in judicial custody and was suspended from her services vide Memo No. RU/16/0136/11, dtd. 3/6/2011. Subsequently, the Petitioner was released from Judicial Custody and by the order of the Vice Chancellor, her suspension was revoked vide Memo No.B/316/14, dtd. 14/3/2014 with effect from 30/1/2014 and no departmental proceeding was ever initiated against the Petitioner. The Petitioner performed her duty from 30/1/2014 to 3/3/2015 at Ram Lakhan Singh Yadav College, Kokar, Ranchi, and thereafter, on 4/3/2015, vide Memo No. RU/R/4464/15, the Petitioner was again suspended and was asked to report at the headquarters of Ranchi University during the suspension period, where the Petitioner reported on 10/3/2015. Thereafter, again the suspension of the Petitioner was revoked on 17/1/2019 vide Memo No.B/31/19. During the suspension period from 4/3/2015 to 17/12/2018, the Petitioner was paid suspension allowance for 1 year and thereafter 75 per cent suspension allowance. Thereafter, by the order of the Vice Chancelor, Ranchi University, the Petitioner was made to retire under provision of Sec. 67 of the Jharkhand State Universities Act, 2000, vide Memo No. B/47/19, dtd. 25/1/2019, in lieu of 3 months salary. Thereafter, the Petitioner made several representations for payment of gratuity, pension, leave encashment and group insurance but no heed was paid and nothing has been paid till date on ground of pendency of the Criminal cases.