- (1.) HEARD counsel for the parties.
(2.) THE present petitioner is widow of the original petitioner, who retired from the post of Principal, A.S. College, Satangh under Sidhu Kanhu Murmu University, Dumka on 31st January, 1999. The original petitioner had come for a direction upon the respondent to pay the retirement benefits including arrears of pay, gratuity difference in pension that has accrued on account of revision of pay as per UGC guidelines along with interest. During the pendency of the writ application, several orders were passed and the respondent State was directed to release the fund for revised scale of pay and other benefits as per the UGC Grants. By the supplementary counter affidavit filed on behalf of the respondent State on 10th November, 2009, it was stated that by draft no. 982945 dated 9th November, 2009, a sum of Rs. 7,12,118.00 was paid by the University to the petitioner. The said affidavit also encloses a chart showing the claim of difference of salary, DA, HRA of the late employee for the period December, 1990 to January, 1999 totaling Rs. 3,53,926.00. Again a supplementary counter affidavit was filed on behalf of the State making a statement that the Registrar, Sidhu Kanhu Murmu University, Dumka has informed vide letter dated 13th March, 2012 addressed to the Directorate of the Higher Education, Government of Jharkhand that a sum of Rs. 13,06,533.00 has been paid to the widow of the original petitioner i.e. the present petitioner, a photo copy of the letter dated 13th March, 2012 is enclosed as Annexure-D to the supplementary counter affidavit wherein details of the amounts paid under different heads have been indicated, such as gratuity of Rs. 3,50,000.00, earned leave encashment of Rs. 28,160.00, Group insurance of Rs. 30,718.00, Medical Leave of Rs. 3,400.00, and EWF of Rs. 2,710.00 totaling Rs. 4,14,988.00. Further arrears of pension in professor's pay-scale from February, 1999, to 31st April, 2004 totaling Rs. 3,58,192.00 has been shown to be paid by the demand draft dated 9th November, 2009, 50% of DA merger with effect from 1st January, 2004 to January, 2008 totaling Rs. 1,79,427.00, has been shown to be paid by cheque dated 6th April, 2009 and arrears of pay, CDA, HRA, etc. totaling Rs. 3,53,926.00 has been shown to be paid by demand draft dated 9th November, 2009. Thereby the total sum of Rs. 13,06,533.00, has been shown to be paid as admitted dues on behalf of the University and it has been indicated in the said letter that no other legally valid claim is found to be made out in favour of the petitioner.
(3.) COUNSEL for the petitioner while referring to the Annexure- A to the counter affidavit of the respondent university filed on 5th February 2009, submits that as per the list enclosed thereto, against the petitioner's claim, it has been shown that the difference of salary, gratuity, allowances, leave encashment, etc. come to Rs. 14,17,939/ -. The said list was prepared by the university and signed by the Finance Officer as also by the Registrar of the University. It is submitted on behalf of the petitioner that there is some discrepancy in the payments made and certain amounts are still outstanding to the petitioner under the different heads of HRA, CDA, etc for the period 1975 to 1990 and further for the period 1997 to 1999.;