Court No. - 22 Case :- SERVICE SINGLE No. - 1061 of 2002 Petitioner :- Lakshmi Narain Tripathi Respondent :- Distt.Inspector Of Schools And 5 Ors. Petitioner Counsel :- O.P.Srivastva,K.N. Misra Respondent Counsel :- C.S.C.,Ajay Shukla,S.B.Pandey,S.C. Shukla Hon'ble Satyendra Singh Chauhan,J.
Heard learned counsel for the petitioner, learned Standing Counsel and
learned counsel for opposite party no.5 as well as learned counsel for the
BSA.
Submission of learned counsel for the petitioner is that although the petitioner
has retired on 30.06.2001 but retiral dues of the petitioner have not been
released and are withheld by the opposite parties without authority of law.
The petitioner has also not been awarded revision of the Fifth Pay
Commission and has also not been paid salary from the date of joining in
pursuance to the interim order dated 26.2.1999 till the date of his retirement.
Learned counsel submits that the aforesaid withholding of the amount is
totally illegal and without authority of law and the opposite parties are
supposed to release the same.
Learned counsel for the opposite parties has submitted that an ex-parte
enquiry was held and a financial liability of Rs.1,68,000/- and odd was
assessed against the petitioner and the said punishment order has not been
challenged in any forum. It is also submitted that the petitioner did not
cooperate in the enquiry, therefore, ex-parte enquiry was held.
Considering the aforesaid facts and circumstances of the case and looking to
the fact that the petitioner was entitled for revision of the Fifth Pay
Commission as well as the salary from the date he had joined in pursuance to
the interim order of this Court till the date of his retirement, the opposite
parties will pass necessary order in this regard and release the retiral dues
along with salary within a period of three months but an amount of
Rs.1,68,000/- and odd shall be withheld by the opposite parties, which shall
be subject to challenge of the order by the petitioner in any forum.
List the petition after three months.
The Manager need not appear again unless called for
Order Date :- 6.8.2010
RBS/-
