PATNA, India, July 18 -- Patna High Court issued the following judgment on July 10:
Heard the parties.
2. The petitioner on being aggrieved with the action of the respondents in not extending the legitimate admissible retiral benefits, including pension, gratuity, leave encashment, provident fund, commutation of pension and group insurance along with dues salary for the period 18.09.2009 to 31.10.2013 with statutory interest approached this Court seeking a direction for payment of the same.
3. On last occasion, when the matter was taken up on 07.07.2021, this Court having considered the pendency of the Contempt (C) No. 1188 of 2018, arising out of Civil Appeal No. 2703 of 2017, directed to list this case after disposal of the aforenoted contempt. The contempt petition came to be disposed off on 08.01.2025. It would be pertinent to note the terms of the direction as expressed by the Apex Court, mentioned in paragraph no. 7, which would be relevant herein:-
"7. As per above discussions, in our view, it would be appropriate to direct the authorities to adjudicate all the said issues through Registrar/Vice Chancellor in view of the judgment of State of Bihar & others vs Bihar Rajya M.S.E.S.K.K.M & others (2005) 9 SCC 129 and accordingly, we dispose of this petition with the following directions:
(i)The petitioner shall submit his claim along with relevant documents setting up his actual working in college in terms of the orders of absorption claiming salary, and also for pension from the date of absorption upto February 28, 2025before the Registrar/Vice Chancellor of the University. (ii) On receiving the claim of salary, a discrete enquiry be held affording due opportunity to the employee, college concerned and the representative of the State if required, and a reasoned order be passed regarding payment of salary and arrears, if any, within a period of three months thereafter.
(ii)The claim regarding pension of petitioner which has been withheld,be decided counting the period of service, w.e.f date of absorption notionally uninfluenced by the orders dated 11.07.2019, 07.08.2019 and 12.02.2021 passed in this Contempt Petition. However, if there is prolonged period of absence, the same shall be dealt with by the competent authority in accordance with the relevant rules.
(iii)After adjudicating the issue of pension and arrears the same be paid adjusting the amount already paid as expeditiously as possible not later than two months from the date of such order.
The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/MTUjMjU3NTkjMjAxOSMxI04=-U2yJi--ak1--AeQz0=
Disclaimer: Curated by HT Syndication.
