STATE OF JHARKHAND Vs. SARYU PRASAD JHA

JUDGEMENT

(1.) THIS appeal has been preferred by the State of Jharkhand against the order dated 5.1.2007 passed by the learned Single Judge in CWJC No. 866 of 2000(P), by which the learned Single Judge was pleased to dispose of the writ petition, directing the writ petitioner -respondent no.1 to file a representation before the University in regard to his claim for enhanced amount of gratuity and other retiral dues and the University, in turn, was directed to examine the same and forward it to the Human Resources Development Department(Higher Education) within six weeks from the date of receipt of such representation. The Human Resources Development Department (Higher Education) thereafter was directed to release the requisitioned amount within four weeks from the date of receipt of such requisition, failing which the Department was held liable to pay interest also on the said amount at the rate of 5% per annum, which was to be deducted from the salary of the erring officer(s).

(2.) THE appellant -State of Jharkhand has preferred this appeal, assailing the order passed by the learned Single Judge and it was submitted that the aforesaid direction had been issued in favour of the writ petitioner relying upon the judgment in the case of Baleshwar Ojha and ors. Vrs. State of Bihar and Ors. bearing CWJC No. 13889 of 2003 , by which it was held that the employees of the University are also governed by the Rules of the State of Bihar and as the employees of the State of Bihar were held entitled to the payment of gratuity with effect from 1.4.1997 , the employees of the University could not have been ordered to be paid gratuity from a later date which was fixed 22.6.2005 by the State of Bihar. It was, therefore, held that the employees of the University were entitled to the amount of gratuity and other retiral benefits from 1.4.1997 from which date the State Government employees were held entitled.

(3.) FROM the aforesaid averments, it could be safely inferred that in view of the ratio laid down in the case of Baleshwar Ojha(supra) , the employees of the University had been held entitled to the payment of retiral dues including the enhanced gratuity from the date when the same is payable to the State Government employees. In sofar as the State Government employees are concerned, gratuity and other retiral dues are held payable from 1.4.1997 which is the case in the State of Jharkhand also and as the State of Jharkhand pays the enhanced retiral benefits to the State government employees from 1.4.1997 the employees of the University in the State of Jharkhand are entitled to claim parity with the employees of the State relying upon the ratio of the judgment delivered in Baleshwar Ojhas case , as referred to hereinbefore, as we see no reason to depart from the view taken by the Patna High Court, wherein it was held that the employees of the University are also entitled to the enhanced retiral benefits which is applicable to the State Government employees.