Court No. - 3 Case :- WRIT - A No. - 21522 of 2009 Petitioner :- Harpal Singh Respondent :- State Of U.P. & Others Petitioner Counsel :- Manoj Kumar Rajvanshi,N.C. Rajvanshi Respondent Counsel :- C.S.C.,Mahendra Pratap Hon'ble Sanjay Misra,J.
Cause list has been revised.
Heard Sri Ashok Srivastava holding brief of Sri M.K. Rajvanshi
learned counsel for the petitioner and learned Standing Counsel for
the State respondents and Sri Vikram Rathore holding brief of Sri
Mahendra Pratap for respondent nos. 6 and 7. Counter affidavit of
respondent nos. 3 and 4 (District Inspector of Schools,
Bulandshahar and Finance and Accounts Officer, Bulandshahar)
has been filed to which rejoinder affidavit is available on record.
The other respondents have not filed any counter affidavit.
The petitioner claims to be a retired Class IV employee from the
K.L. Shastri Inter College, Muni, District Bulandshahar and is
aggrieved by non payment of his retirement benefits as well as
some arrears of salary.
In the counter affidavit the District Inspector of Schools has not
disputed the claim of the petitioner by saying that certain amount
of arrears of salary and retirement benefits have already been paid
to the petitioner and in so far as the pension is concerned he has
forwarded the papers to the Deputy Director of Education, Meerut
Region, Meerut. He states that the arrears of salary could not be
paid primarily for the reason that the Principal/Manager of the
institution have not submitted the bill/relevant papers before him
and hence the same could not be paid to the petitioner.
From the aforesaid averments it appears that the claim of the
petitioner for retiral benefits and arrears of salary is uncontested
and as such appears admitted by the State authorities. The only
reason given in the counter affidavit for non payment is the
inaction on behalf of the Deputy Director of Education, Meerut
Region, Meerut and the Principal/Manager of the institution
respectively.
The dues claimed by the petitioner as admitted by the respondents
are his right and cannot be denied to him. The petitioner has retired
in the year 2000 and ten years have passed without addressing his
grievance by the State respondents.
Consequently a direction is issued to the Deputy Director of
Education, Meerut Region, Meerut (respondent no. 2) to forthwith
take a decision on the pension payable to the petitioner as
recommended by the Director of Education/District Inspector of
Schools within a period of six weeks from the date a certified copy
of this order is produced by the petitioner before him and
communicate the decision to the petitioner immediately thereafter.
For the said purpose the petitioner should file a duly stamped, self
addressed envelope before the respondent no. 2.
In so far as the arrears of salary is concerned the District Inspector
of Schools (respondent no. 3) is directed to obtain the necessary
bill/relevant papers from the Principal/Manager of the institution
without any further delay and ensure that the dues of the petitioner
are paid to him within six weeks from the date a certified copy of
this order is produced before him. The District Inspector of
Schools is the competent authority under the Payment of Salary
Act and therefore if there is non compliance/disobedience by the
Principal or the Manager of the institution necessary action be
initiated by the District Inspector of Schools against them. Upon
payment being made to the petitioner of the aforesaid amounts the
Deputy Director of Education (respondent no. 2) is further directed
to ensure that the petitioner is paid interest as permissible under
the rules for the delayed payment of his retiral benefits.
The writ petition stands disposed of.
No order is passed as to costs.
Order Date :- 5.7.2010
Pravin