Rekha Devi vs The State of Bihar

Rekha M. Doshit, C.J.—The writ petitioner Rekha Devi is the wife of late Indrakant Mishra, a lecturer in the respondent-L.N. Mithila University, Darbhanga (hereinafter referred to as ''the University''). The said Indrakant Misra died on 16th May 2006 in harness. The petitioner is constrained to approach this Court for recovery of terminal dues admissible on the death of late Indrakant Mishra.

The claim for terminal dues made by the petitioner has not been disputed by the University. Although learned counsel Mr. Ajay Behari Sinha had on 26th September 2014 made statement before this Court and had assured the Court that all payments will be made before 14th October 2014, till date the University has not paid the admitted dues.

The University has filed counter affidavit and has admitted the terminal dues of Rs. 3,58,121/- (the amount of difference in salary, gratuity, earned leave and arrears of family pension) and a sum of Rs. 4,82,800/- (the amount of arrears of salary for the period from 1st January 1986 to 31st December 2005). The said admitted dues are not paid till date. The family pension has also been sanctioned to the petitioner as late as in December 2012. Apart from the aforesaid dues, a sum of Rs. 6,15,363/-, the amount of difference in family pension on account of revision of pay effective from 1st April 2007 is also admittedly due to the petitioner. Out of the said amount the University has paid 40% of the arrears to the petitioner. The remaining 60% a sum of Rs. 3,49,732/- has not yet been paid. Mr. Ajay Behari Sinha has submitted that the said amount has become due on account of upward revision of pay. All University employees have been paid 40% of the arrears and remaining amount will be paid in two instalments as agreed.

In view of the aforesaid admitted dues, the respondent-University is directed to pay the outstanding dues of Rs. 3,58,121/- and Rs. 4,82,800/- to the petitioner within three weeks from today. It is evident that the aforesaid amount was due and payable in May 2006 when late Indrakant Mishra died. The petitioner has been deprived of the said amount for more than eight years. The petitioner is, therefore, entitled to recover interest on the aforesaid sums of Rs. 3,58,121/- and Rs. 4,82,800/- at the rate of 6% per annum for the period from 1st June 2006 till the date of payment. In the event, the aforesaid amounts are not paid within three weeks as directed, the petitioner will be entitled to recover interest at the rate of 9% per annum from 1st June 2006 till the date of payment.

In respect of the amount of arrears of pension on account of revision of pay with effect from 1st April 2007 it is directed that the remaining 60% of the amount will be paid to the petitioner as in case of other employees. The State Government will expedite the matter and will sanction the necessary funds.

Petition is allowed in the above terms. The respondent-University will pay cost of the petition to the petitioner. The cost is quantified at Rs. 10,000/-. The amount of cost will be paid within three weeks from today.

Registry will send copy of this order to the respondent nos. 2, 3 and 4 forthwith.