Aparesh Kumar Singh, J. - (1.) HEARD learned counsel for the parties. This petitioner has approached this Court for the second time for certain relief's relating to his service dues as well as arrears of salary.
(2.) EARLIER he had preferred W.P. (S) No. 4587 of 2008, which was disposed of on 17.12.2008 by remitting the matter to the Vice -chancellor of the respondent University to assess the amount of arrears of salary and the retiral benefits, which are payable to the petitioners and take up the matter with the State Government within stipulated time. The State Government in turn was directed to ensure that the funds are released upon such requisition to the University so that the same may be disbursed under the heads of arrears of salary and other retiral benefits within stipulated period to the petitioners. Thereafter, the petitioner preferred a Contempt Petition being Cont. Case (Civil) No. 296 of 2009, which was, however, dropped vide order dated 04.08.2010. The cheque of Rs. 1,18,361/ - was paid to the petitioner, however, he refused to accept the same, as, according to the petitioner, no details of such payments were disclosed and he was not ready to give undertaking to the effect that if the amount received by him is detected to be in excess of the actual payable amount, then he would refund the same to the respondent University. In the present writ petition following relief's have been prayed for by the petitioner, which are quoted hereinbelow: - (a) for assessment and release of balance of 25% salary from April 2005 to 31.03.2007, the date petitioner retired. (b)(i) to assess, release and pay the retiral benefits in respect of enhanced gratuity of Rs. 3.50 Lacs on the basis of 100 % salary in the revised scale. (ii) to pay leave encashment for 240 days on the basis of 100% salary in revised 5th pay scale, paid only for 180 days in old scale. (iii) group insurance with compound interest @ 12.5% Rs. 3876/ - (N.B. on above heads payment has been made on the basis of 75% salary in the old scale, whereas the petitioner is entitled for payment off retiral benefits on the basis of 100% salary in the revised new scale (6th pay scale w.e.f. 01.01.2006). (c) payment of salary, arrear w.e.f. 01.01.2006 to 31.03.2007 in the 6th pay scale and retiral benefits for the period 01.01.2006 to 31.03.2007 on the basis of the same. (d) for direction upon the respondent to release and pay the due salary arrear and other retiral dues in one lump sum, which has not been paid to the petitioner without any rhyme and reason even after detailed representations made before the respondent No. 4 and in violation of their own circulars and notifications in this respect. (e) for payment of all the salary dues and retiral benefits like gratuity, leave encashment and group insurance with statutory and penal interest as per their own notification dated 11.12.1986 and others. (f) for payment of the aforesaid dues on above heads in the light of different order of the Hon'ble High Courts in C.W.J.C. No. 1392/1989(R) Sita Ram Mishra Vrs. State of Bihar, C.W.J.C. No. 2280/1998 (R) Rajendra Pandey Vrs. Ranchi University & Others, C.W.J.C. No. 3689/1999 (R) Dr. Praanav Basak Vrs. Vinoba Bhavey University and Others, W.P.(S) No. 1508/2004 R.U. Grade 4 Association and Anjani Kumar Choubey Vrs. Ranchi University, W.P. (S) 4082/2005 Ramchadra Lal and Ors. Vrs. Ranchi University and Others, C.W.J.C. No. 11658/2003 ( : 2006 (4) PLJR Prof. Surendra Bahadur Singh Vrs. State of Bihar) W.P.(S) No. 4587/2008 Bijan Bihari Sarkar & Anjani Kumar Choubey Vrs. Ranchi University & Ors. and that without any further discrimination as has been done with the petitioner vis -a -vis similarly situated, even junior Employees of the Respondent No. 3 & 4 Ranchi University, Ranchi.
(3.) A perusal of the prayer made in the present writ petition discloses that some of the prayer made relating to the assessment and release of balance of 25% salary from April 2005 to 31.03.2007 were also made in the earlier writ petition. He has also sought for payment of enhanced gratuity of Rs. 3.50 Lacs as post retiral dues in the present writ petition as also for the payment of leave encashment of 240 days in the revised 5th pay scale in relation to 180 days which was paid for in old scale. The petitioner has also prayed for sanction of the amount of group insurance with compound interest in revised new scale w.e.f. 01.01.2006. The other relief's prayed in the present writ petition, which had not been made in the earlier writ petition, was in relation to payment of salary under the 6th pay revision for the period commencing from 01.01.2006. The petitioner is said to have retired in March, 2007.;