Pat HC | Court’s jurisdiction only extends to checking whether order of Writ Court has been complied with; appropriate forum may be approached to seek directions on merit

Patna High Court: Ahsanuddin Amanullah, J. disposed of the writ petition saying that the petitioner should approach the appropriate forum, in accordance with law as the respondents have complied with the condition to provide the reason for denying pension to the petitioner.

In this case, the petitioner was ordered to represent the dues payable to him and the respondent University was required to consider and pay the admissible dues of the petitioner within three months, failing which the dues were to carry simple interest at the rate of 10% per annum.

It was the duty of the respondents to give a reasoned order with regard to the admitted dues and details with regard to payment made, including a calculation chart. The learned counsel for the petitioner raised two grievances on account of earned leave and arrears of pension from February, 2003 to 31-12-2005. With regard to earned leave, he specifically mentioned that amount for 217 days was due whereas the University has sanctioned only 134 days, with the absence of a calculation chart to show the reasons for such a restriction.

The respondents filed a show-cause notice against the petitioner which said that the prayer for payment of arrears of pension from February, 2003 to December, 2005 had been rejected on the ground that the petitioner had opted for a different option which did not provide for the pension.

The Court held that their jurisdiction was to see whether the order of the writ Court has been complied with by the respondents. As there was no specific direction on merit with regard to payment of a pension or the number of days of earned leave, the respondents cannot be said to be in contempt if they have either denied or paid the earned leave for a lesser period. The Court advised the petitioner, to assail the same in accordance with law before the appropriate forum and ordered the respondents to provide a detailed calculation chart.

In view of the above-noted facts, the instant petition was disposed of accordingly.[Savitri Choudhary v. State of Bihar, 2019 SCC OnLine Pat 1236, decided on 29-07-2019]

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