Md. Gauhar Ali Ansari v. The State Of Bihar through Principal Secretary, Human Resource

Patna High Court CWJC No.7573 of 2012 (3) dt.28-02-2013 2 earned leave encashment. Nothing has been paid on that account. Group Insurance has not been paid. Provident Fund contribution has not been refunded with due interest. These are the grievances of the petitioner. A counter affidavit has been filed today on behalf of the University, which is an apology for a counter affidavit. It does not answer much less addressed the question of revision of pension. It chooses to ignore the issue deliberately or for some other purpose. With regard to arrear of salary, it is stated that the total admissible arrear of salary is Rs. 16, 34,318/-. Out of which a sum of Rs. 4,13,500/- has been paid but the rest of over Rs. 12 lakhs could not be paid to the petitioner due to non audit of the claim from the Auditor appointed by the State Government. Unfortunately, the petitioner has nothing to do with it. For failure of the State and/or the University to perform their duties, the petitioner has been deprived of substantial amount due to him as arrear of salary. No one is bothered to correct the situation. If the money was due 5/6 years back then even if he is paid this money today, the money has substantially depreciated and lost its value. who will make up this loss and how this loss will be made up. Has any authority applied his mind ? It is left to the Court to decide. So far as leave encashment is concerned, there is no Patna High Court CWJC No.7573 of 2012 (3) dt.28-02-2013 3 denial that it is due. What is the exact number for days, it is yet to be calculated. If it would be for 300 days it would run to about Rs. 3 lakhs. All that counter affidavit states that payment is under active consideration and will be completed as soon as possible. The person had retired four years back and still is lying at the mercy of the authority. When will “ as soon as possible” be ? In respect of Group Insurance, all that the University says that the same has to be paid by LIC and as LIC has not paid the sum, the University is not in a postiion to pay. With regard to Provident Fund, it is stated that un- deposited provident fund to the extent of Rs. 1,02,263/- in respect of the period March 1997 to February, 2000 has been paid to the petitioner but what happens to the interest thereon, is any body guess. These amounts have been deducted from petitioner’s salary as provident fund contribution but were not deposited by the University in provident fund account of the petitioner, which is interest bearing account. They mis-utilized the money. The University authority would be liable to be punished criminally in terms of Explanations to Section 405 IPC, with criminal breach of trust. They have not only escaped from criminal liability in that regard but they have managed to deprive the petitioner of his interest on the said amount by mis-utilizing the money. Patna High Court CWJC No.7573 of 2012 (3) dt.28-02-2013 4 Having considered the aforesaid stands of University I pass the following orders: (i) Starting with regard to pension, the University by its affidavit appears to be pleaded ignorance to the resolution of the State Government dated 16.8.2012 by which directions for revision of pension of retired University employees have been given. The revision of pension had to be done with effect from

1.4.2007, which has been earlier fixed, upon his superannuation on 31.3.2009 has now to be revised. This Circular was issued by the State Government to all the Universities including Tilka Manjhi Bhagalpur University vide memo no. 1674, dated

16.8.2012 but for reasons best known, the University has chosen to ignore the same in this writ petition. I may note that this is most unfortunate because this very circular has been subject matter of adjudication as between this very University and some teachers in several other writ petitions including C.W.J.C.No.18013 of 2012, which was disposed of by this Court only recently by judgment dated 4.2.2013, still the University virtually pleaded ignorance to the said with what motive I cannot say . In such a situation I direct the Registrar of the University to revise the pension of the petitioner in accordance with the Government Circular aforesaid and pay the same with effect from Patna High Court CWJC No.7573 of 2012 (3) dt.28-02-2013 5 September, 2012.The arrears of revised from September, 2012 to date will be paid immediately but not later than three weeks from today.The proportionate arrears in between 31.3.2009 to August, 2012 upon revision would be paid positively by 31st March, 2013, as per circular dated 16.8.2012. There is no constraint of fund as the State Government under memo no.2363; dated 25.11.2012 has already released a sum of Rs. 300 crores to all the Universities for payment of revised pension and pensionary arrears. Timely compliance would be the some responsibility of the Registrar. (ii) With regard to arrear of salary, the petitioner cannot wait ad-infinitum for the University or the State to verify the calculation of arrear. The calculation chart has been lying with the University for a considerable period (many years). It shows that a total amount of Rs. 12,20,814/- is due on account of salary arrear, part of which is said to have been paid. Neither the State nor the University has contradicted the same. By 31st March, 2013 , I direct the Registrar of the University to pay the same to the petitioner. (iii) So far as leave encashment is concerned, again it is not in dispute that the petitioner is entitled leave encashment as noticed in the previous order and not denied in the counter affidavit. The petitioner retired four years back. There is no Patna High Court CWJC No.7573 of 2012 (3) dt.28-02-2013 6 explanation why this amount was neither calculated nor paid in these years. I direct the Registrar of the University to calculate and to pay the full and complete amount on this account by 31st March, 2013. (iv) With regard to Group Insurance, it is stated that LIC has not paid and as such the University is helpless. The question that arises is , is the University helpless or has it made itself helpless. LIC is the agent of the University in this manner. If LIC is not promptly paying a retired employee his group insurance then it is time for the University to take stern action against LIC and forthwith and withdraw all money deposited with the LIC, which was refundable to the employees in the year 2009. I, therefore, direct the Registrar of the University to take appropriate action and ensure that LIC makes payment of group insurance to the petitioner of the full amount with full interest and proper account by 31st March, 2013. (v) Now we come to provident fund, as noticed above, the University authorities were liable to be criminally prosecuted for deduction of the said amount but not depositing it in the provident fund account. Apart from criminal liability they have deprived the petitioner of interest thereon. I, therefore, direct the Registrar of the University to calculate the interest on the Patna High Court CWJC No.7573 of 2012 (3) dt.28-02-2013 7 provident fund amount of Rs. 1,02,263/-, which has been now paid to the petitioner in respect of his contribution for March, 1997 to February, 2000 and pay the same to the petitioner by 31st March, 2013. It shall not be an excuse for the University to say that these funds are yet to be received from the State. It must arrange payment from what ever source available to it. In case there is non compliance in respect of any of the heads, this Court initiate suo motu contempt proceeding against not only the Registrar but the Vice Chancellor of the University also. With these observations and directions, the writ petition stands disposed of. (Navaniti Prasad Singh, J) singh/-