Judgment:
INTHEHIGHCOURTOFJHARKHADATRANCHI W.P.(S)No.811of2013 Mantu Banerjee ....... Petitioner Versus The State of Jharkhand & others......Respondents. ----- CORAM: HONBLEMR.JUSTICEAPARESHKUMARSINGH ForthePetitioner :Mr.RajendraPrasad,Adv. FortheRespondents :Mr.RatnakarBhengra,Adv. ----- 2/16.8.2013 Heard learned counsel for the parties. The grievance of the petitioner is that he has retired on 31st October, 2000 while working as University Professor from S.S.L.N.T. Mahila College, Dhanbad. Against admissible amount of Rs. 3,50,000/- under the head of gratuity only Rs. 1 lac has been paid till date, the same is also evident from the statements of gratuity arrears which are contained at Annexure-1 prepared by the University. He submits that in similar circumstances vide order dated 27.09.2012 (Annexure-2) passed by this Court, the respondents were directed to pay the arrears of amount along with statutory interest. Learned counsel for the University submits that the matter shall been looked into by the competent authority i.e. Registrar of the University, if the petitioner is directed to approach him. In such circumstances, without commenting anything on the merits of the case of the petitioner, the writ petition is disposed of by allowing the petitioner to approach the respondent no.5, Registrar, Vinoba Bhave University, Hazaribagh with a fresh representation within a period of 2 weeks together with all supporting facts and documents for seeking redressal of his aforesaid grievance relating to payment of arrears of gratuity along with statutory interest. On receipt of such representation, the respondent no. 5, Registrar, Vinoba Bhave University, Hazaribagh shall consider the same in accordance with law and pass a reasoned and speaking order within a period of 12 weeks thereafter, which shall also be communicated to the petitioner. If the amount claimed by the petitioner is found to be genuine and legally admissible, the same should also be paid within a period of 4 weeks thereafter together with statutory interest. Learned counsel for the University submits that the amount is payable upon disbursement by the Human Resources Development Department. In such circumstances, if such amount has not earlier 2. been sanctioned for release of gratuity of such employees including the petitioner and the same is found to be legally admissible on requisition being made to the Human Resources Development Department by the University, the same should also be released within a period of 4 weeks thereafter by the respondents, Human Resources Development Department. Accordingly, the writ petition is disposed of in the aforesaid terms. (Aparesh Kumar Singh, J) jk