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High Court of DelhiW.P.(C)/13356/2022

Satyam Bharti v. Jnu And ORS

2024-07-18Hon'Ble Ms. Justice Jyoti Singh3 pages

$~30 * IN THE HIGH COURT OF DELHI AT NEW DELHI + SATYAM BHARTI .....Petitioner Through:

Ms. Arati Mahajan, Ms. Shriya Sharma and Mr. Ashok Kumar, Advocates.

versus JNU AND ORS .....Respondents Through:

Ms. Mrinmayee Sahu, Mr. Sandeep Kumar Mahapatra and Mr. Tribhuvan, Advs.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 18.07.2024 1.

This writ petition has been preferred on behalf of the Petitioner seeking the following reliefs:

"a) Issue a writ of mandamus to the Respondent University to release / disburse the salary of Petitioner from 06.10.2021 to 01.11.2021 which is being withheld without any reason whatsoever along with the interest @ 18% p.a. from the date it became payable till the date of actual payment. b) Issue a writ of mandamus directing the Respondent University to properly update the service book of the Petitioner with respect to the period from 01.06.20218 to 01.11.2021.

c) Issue a writ of Mandamus directing the Respondent university to release / give the necessary service documents of the petitioner including his last pay certificate and experience certificate. d) Grant any other relief which this Hon'ble Court deems fit and proper in the circumstances of the case.

e) Grant cost of this petition in favour of the Petitioner and against the Respondents."

2.

On 15.02.2024, learned counsel for the Respondents had submitted The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

before the Court that case of the Petitioner had been re-considered and all payments due to him had been made after statutory deductions and the Last Pay Certificate as well as the Experience Certificate had been issued. It was also pointed out that Service Book of the Petitioner had also been updated. This position was refuted by the Petitioner and therefore, to obviate any dispute, Respondents were directed to file an additional affidavit detailing the compliances in terms of order dated 29.01.2024. 3.

Pursuant to order dated 15.02.2024, affidavit has been filed on behalf of the Respondents, stating therein that the Respondents have released the salary of the Petitioner to the tune of Rs.75,282/-, after deducting TDS of Rs.10,400/-, and own share of NPS amounting to Rs.7,003/- from the gross salary of Rs.92,685/- for the period 06.10.2021 to 01.11.2021. The said amount has been transferred into the account of the Petitioner maintained with the State Bank of India on 07.02.2024 through PFMS transaction ID. It is further stated that the Service Book of the Petitioner has been updated and communication in this regard was sent to the Petitioner. Last Pay Certificate of the Petitioner has been sent to his parent organisation on 14.02.2024, under intimation to the Petitioner.

4.

Ms. Arati Mahajan, learned counsel appearing on behalf of the Petitioner acknowledges the payments as aforementioned, including the updation of Service Book and issuance of Last Pay Certificate. She, however, states that the Petitioner is entitled to interest on the salary released on 07.02.2024 as the same was payable in November 2021 as also the Experience Certificate, which has not been issued till date. 5.

Having heard learned counsels for the parties, in my view, substantial grievances of the Petitioner stand redressed. Petition is accordingly disposed The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

of directing the Respondents to grant interest to the Petitioner @ 8% per annum on Rs.92,685/- from the date the salary became due, i.e. November, 2021 till 07.02.2024, the date of actual payment. The needful shall be done within a period of six weeks from today. Respondents are also directed to issue the Experience Certificate to the Petitioner for the period he has rendered his services with the Respondents. For this purpose, learned counsel seeks and is granted a period of four weeks. JYOTI SINGH, J JULY 18, 2024/jg The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.