KANT MISHRA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) IT appears that in spite of order dated 25.3.2009 whereby the respondent State was directed to ensure that the amount payable to the petitioner under the UGC revised scale be allotted to the respondent University to enable payment to the petitioner the counsel for the respondent State has again come up with the same plea that the UGC funds have not been made available and although it is reported that some amounts have been released through the Reserve Bank but the same has not been received as yet by the State Government.

(2.) AS it appears. the order directing the respondent University and the State Government to pay the retiral dues was passed on 19.4.2007 in the Writ Petition (S) No. 1164 of 2007. The aforesaid order having not been complied with, the petitioner filed this Contempt application after which the respondents moved for payment of the amount to the petitioner in the month of February, 2009. The balance amount which is due and payable to the petitioner towards arrears on account of the revised UGC pay scale, has not been paid as yet, although such dues were acknowledged by the respondent University and a requisition for release of the corresponding funds was made long ago by the University to the State Government.

(3.) HOWEVER , on the assurance of the learned counsel for the State. four weeks' further time as prayed for, is allowed to the State Government to ensure that necessary funds pursuant to the requisition received from the University for payment of the balance amount payable to the petitioner alongwith the amount of Interest on the delayed payment, shall be released by the State Government from its own resources and the State Government may seek adjustment from the Central Government accordingly, but under no circumstance can the payment due to petitioner be delayed merely on the ground that the State Government has not received funds from the Central Government.