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Ram Moorat Sharma v. B.D., Junior High School & Others - WRIT - A No. 28864 of 2000  RD-AH 2487 (7 September 2005)
Civil Misc. Writ Petition No.28864 of 2000
Ram Moorti Sharma
Committee of Management and others
Hon. Sanjay Misra, J.
The petitioner seeks a writ of mandamus directing the respondents to pay the arrears of revised pay from 1.1.1996 to 31.1.1999, leave encashment due on retirement and other allowances. The petitioner submits that he joined the respondent no.1's institution as clerk on 1.7.1957 and was retired on 31.1.1999. The respondent institute is recognized and aided institute and is managed by Committee of Management. It is stated that by virtue of government order dated 29.11.1994 it was directed that all teaching and non-teaching staff of Junior High School who opt to retire at the age of 58 years will be entitled to gratuity. The learned counsel for the petitioner submits that he was retired at the age of 60 years. However, he submits that he was not paid arrears of pay revision for the period claimed by him and to such effect he made a representation to respondent no.3 but he has not taken any action in the said matter. However, upon a notice
being served by the petitioner on respondent no.1, Committee of Management has informed the petitioner that since the age of superannuation of clerk is only 58 years and since the petitioner retired at the age of 60 years therefore, he was required to refund the salary drawn by him for the two years. It appears that the controversy between the petitioner and respondent no.1 relates to as to whether the petitioner is entitled to retiral benefits as applicable by government order and as to whether he is entitled to revised pay scale, increment and other allowances which he has claimed. In the writ petition, the factual controversies have been raised. The letter of respondent no.1 dated 22.2.2000 whereby the committee of management has declined the claim of the petitioner has not been considered by the respondent no.3.
In view of the aforesaid facts it is directed that in case the petitioner makes suitable application before respondent no.3 detailing his claim, respondent no.3 after giving full opportunity to the petitioner and committee of management will take a decision thereon within a period of four months from the date a certified copy of this order along with such application is
produced before him. The respondent no.3 will record his reason while passing order on such application.
Writ petition stands disposed of as above. No order is passed as to costs.
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