The central legal point established is the responsibility of the concerned authority to decide on the admissibility of post-retiral claims and release funds for payment if found entitled.

JUDGMENT :

The present writ petition has been filed for issuance of direction upon the concerned respondents to pay admissible retiral benefits to the petitioner w.e.f. 01.04.2021 including pension, gratuity, leave encashment, group insurance etc. with interest @ 12% per annum for delayed payment from 01.04.2021 till the same is paid.

2. Heard learned counsel for the parties and perused the content of the writ petition.

3. Learned counsel for the petitioner submits that in pursuance of letter no. B/8189 dated 05.12.1986 issued by the Registrar, Ranchi University, Ranchi, the petitioner was appointed as Steno-Typist (Grade-III) in S.S. Memorial College, Ranchi- a constituent unit of Ranchi University, Ranchi. The petitioner thereafter joined on the post of Steno-Typist in the said college on 08.12.1986. An advertisement was published in daily newspaper- ‘Ranchi Express’ on 13.01.1989 inviting applications for teaching and non-teaching posts including Steno-Typist in Academic Staff College, Ranchi University, Ranchi. Pursuant to the said advertisement, the petitioner applied for the post of Steno-Typist and on following due process, he was selected for the said post and notification as contained in memo no. Esstt./272-75 dated 27.02.1989 was issued to that effect.

Thereafter, the petitioner was relieved from S.S. Memorial College, Ranchi on 27.02.1989 and he joined the post of Steno-Typist in Academic Staff College, Ranchi University, Ranchi on the same day in afternoon. The name of the petitioner was subsequently changed from ‘Suresh Raut’ to ‘Suresh Prasad Roy’ as would be evident from notification no. UGC-ASC/RU/14694-98/2K6 dated 02.01.2006 issued by the office of the Director, Academic Staff College, Ranchi University, Ranchi. The post of Steno-Typist held by the petitioner was re-designated as Assistant (Senior) w.e.f. 31.05.2006.

4. It is further submitted that the appointment letter issued in favour of the petitioner would itself make it clear that his appointment was on the same terms and conditions of service as admissible to the employees of Ranchi University. Nonetheless, the University Grant Commission (UGC), New Delhi, vide letter no.- D.O.No.F.28-42/2012 (ASC) dated 18.02.2013 issued to the Registrar, Ranchi University, Ranchi informed that similar status was to be provided to the employees of Academic Staff College as that of regular employees of Ranchi University. The petitioner after rendering service for more than 35 years superannuated on 31.03.2021. Thereafter, he duly submitted his application for grant of pension, gratuity, leave encashment etc. through proper channel, but the admissible amount was not paid to him. He also filed representations before the respondent-UGC as well as Ranchi University, however the same were not responded which compelled him to prefer the present writ petition.

5. A counter affidavit on behalf of the respondent nos. 2 and 3 has been filed wherein it has been averred that the petitioner was first appointed on daily wages basis as Steno-Typist (Grade-III) in S.S. Memorial College, Ranchi in pursuance of letter no. B/8189 dated 05.12.1986 issued by the Registrar, Ranchi University, Ranchi and he joined the said post on 08.12.1986. Subsequent to the advertisement issued by the Academic Staff College, Ranchi University, Ranchi, the petitioner was appointed afresh as a Steno-Typist in the said college vide memo no. Esstt./272-75 dated 27.02.1989. Thereafter, he was relieved by S.S.Memorial College, Ranchi to join his new post at Academic Staff College, Ranchi University, Ranchi,.

6. It has also been stated in the said counter affidavit that after joining the Academic Staff College, Ranchi University, Ranchi, the petitioner has never been paid salary and other emoluments from the fund of Ranchi University. Moreover, no deduction has been made by the Ranchi University from his salary on account of Provident Fund, Group Insurance, Employees’ Welfare Fund etc. at any stage. In fact, the salary