Ram Chandra Kunwar vs State of Jharkhand and Others

Narendra Nath Tiwari, J.—In this writ petition, the petitioner has prayed for a direction on the respondents to pay the petitioner''s post retiral and service terminal dues, including the amounts of full pension, interest on the G.P.F., dues of difference of pay in the revised scale for the period from 1st March, 1989 to 31st March, 1991, interim relief for the year 1994, 1995 & 1996 @ 10% of the salary and 10% of the due salary for a sum of Rs. 10,000/- for the period from 1st April, 1996 to 31st December, 1998, promotional dues for the period from 1st January, 1999 to 31st December, 2002, house rent allowance and city allowance for the period from 1st January, 1999 to 31st December, 2002 along with statutory Interest and other benefits, which are payable to the petitioner after his retirement from service.

It has been stated that the petitioner was initially appointed as Trained Teacher by the Notified Area Committee on 12th February, 1968. He was promoted to the post of Headmaster with effect from February, 1987. The school was taken over by the Government with effect from 1st January, 1971. The petitioner, thereafter, served as Headmaster and retired on attaining the age of superannuation on 31st December, 2002. After his retirement, the said dues were payable to him, but in spite of repeated requests and representations, the same were not paid to him.

It has been further stated that though the aforesaid dues were payable to the petitioner, till date only pension and G.P.F. have been paid. The amount of G.P.F. was paid after the order passed by this Court in W.P.(S) No. 1210 of 2005. However, statutory interest on the delayed payment and remaining dues have not been paid to the petitioner till date in spite of his repeated requests and representations.

Learned G.P.I. appearing on behalf of the State respondents submitted that the claim of the petitioner shall be considered and appropriate order shall be passed.

Learned J.C. to Mr. S. Srivastava, appearing on behalf of the Accountant General, Jharkhand, submitted that they have not received the claims of the petitioner so far and for which they have already written to the concerned authorities. it has been assured that as soon as the claims of the petitioner are received, the same shall be considered and appropriate order shall be passed.

In view of the said submissions made by learned Counsel for the parties, this writ petition is disposed of, giving liberty to the petitioner to file a fresh representation, along with a copy of this order, specifying his claims, before the concerned authorities. If such representation is filed, the District Superintendent of Education, Dhanbad-Respondent No. 4 as also the Notified Area Committee-Respondent No. 5, and other concerned authorities, shall consider the same and pass appropriate order, in accordance with law, within a period of six weeks from the date of receipt of the representation. The Accountant General immediately on receipt of the relevant papers shall pass an appropriate order and issue payment order in accordance with law within a period of six weeks from the date of receipt of the relevant papers.

It is made clear that all the amounts shall be paid with admissible interest.

If the amount(s) found payable to the petitioner is/are not paid within the said period, the same shall carry interest @ 10% per annum, in addition to the statutory interest payable to the petitioner, till final payment.