REKHA RASHMI Vs. STATE OF JHARKHAND AND ORS

JUDGEMENT

(1.) This is a petition for contempt alleging non compliance of the order dated 22.9.2008 passed in W.P.(S) No. 4779 of 2008 by which the petitioner had been directed to file a fresh representation, putting the claim of retiral dues to be paid to the petitioner, who is the widow of the deceased Professor of the Ranchi University alongwith a copy of the order before the respondent No. 3-the Registrar, Ranchi University, Ranchi, within a fortnight and the respondent No. 3, in turn, was directed to take a decision in the matter preferably within three months, failing which the petitioner was held entitled to interest @ 6% over the amount which the petitioner was entitled to be paid.

(2.) A show cause notice was issued to the respondent-University in this Contempt petition in response to which it has been stated that the entire amount of Rs.3.50 lacs towards gratuity was paid and the petitioner has also received PHD allowance, medical allowance and other consequential benefits. However, counsel for the University has informed that consequential benefits under the revised pay scale could not be granted to the petitioner as the same is based on the basis of UGC scale and unless the State Government releases the payment in favour of the University to be paid to the petitioner and other concerned persons on the basis of UGC scale, the same cannot be allowed in favour of the petitioner.

(3.) This part of the submission appears to be correct as the question as to whether the revised pay scale as per UGC is to be granted to the petitioner or not has not been decided in favour of the petitioner and, therefore, the same cannot be allowed by way of a petition for contempt. If the revised pay scale is finally held to be payable to the petitioner's deceased husband as per UGC scale, obviously she will be entitled to receive the same but when the grant itself is not released in favour of the University, a case of contempt cannot be held to have been made out.