PATNA HIGH COURT ISSUES JUDGEMENT ON PRABHA KUMARI V/S THE STATE OF BIHAR AND OTHER

PATNA, India, Sept. 17 -- Patna High Court issued the following judgment on Aug. 18:

Heard the parties.

2. The petitioner has invoked the jurisdiction of this Court seeking a direction upon the concerned respondent to ensure payment of differential amount of salary under the MACP.

3. Learned Advocate for the petitioner submitted that the petitioner, after having worked for more than 31 years, finally superannuated as an Assistant Teacher from Sir G.D. Patliputra Inter Vidyalaya, Patna on 30.09.2019. Notwithstanding the fact the petitioner has been extended the benefit of MACP and accordingly, her pension has been fixed and accorded, but she has been deprived from the arrears of difference of salary on account of MACP. It is further contended that the Principal of the school has already sent a letter of recommendation along with the statement of arrears of salary as well as necessary papers on 24.12.2024, a copy of which is marked as Annexure- P/2 series, but till date, the respondent/District Program Officer is sitting tight over the matter and the payment has not been done.

4. Learned Advocate for the State fairly submitted that since the Principal of the school has already sent the necessary documents and the statement of arrears of salary, the same shall be looked into by the competent authority/respondent No. 4 and necessary payment shall be made, if found admissible.

5. Having considered the submissions advanced by the learned Advocate for the respective parties and taking note of the nature of the grievance, this Court deems it proper to dispose off the writ petition with a direction to the respondent No. 4 to consider the claim of the petitioner for arrears of difference amount of salary in terms with the Annexure- P/2 series and ensure payment of admissible due amount, preferably within a period of eight weeks from the date of receipt/production of a copy of this order.

6. It is made clear that in case of any delay, the petitioner shall be entitled to 8% of interest over the delayed amount, which shall be realized from the erring officials.

7. Accordingly, the present writ petition stands disposed off with the aforesaid direction.

Disclaimer: Curated by HT Syndication.