These two writ petitions are listed together and with the consent of counsel for the parties, they are being disposed of by this common judgment.
The first writ petition is by the Managing Committee challenging the order of the District Inspector of Schools, Banda dated 26.3.2014, disapproving the resolution of the committee of management for placing the petitioner under suspension.
The second writ petition is by the adhoc principal who has attained the age of superannuation on 30.6.2014. Payer in this petition is to command the respondents to finalise petitioner's pension w.e.f. 1.7.2014 and to release the withheld amount alongwith interest.
An amendment application has been filed in subsequent Writ Petition No.5886 of 2015 challenging the order dated 7.2.2015, whereby petitioner's pension has been finalised. Part of this order in so far as a sum of Rs. 1,70,951/- has been withheld from the petitioner's commutation of pension on account of pendency of disciplinary proceedings. It is contended that once the petitioner has attained the age of superannuation and the managing committee has allowed petitioner to superannuate and his pension etc. has also been fixed thereafter., it is not open for the managing committee to proceed with the departmental inquiry as no provisions exists in law authorising the managing committee to proceed with the inquiry after superannuation of a teacher concerned.
Reliance is placed upon a judgment of this Court in case of Ravindra Singh Rathore Vs. District Inspector of Schools, Etawah and others, 2004 (1) AWC 310 to submit that after the attainment of age of superannuation, there exists no provision authorising the managing committee to continue with the disciplinary proceedings against the teacher concerned.
Heard Sri Birendra Singh learned counsel for the petitioner and Sri Hari Kant Shukla learned counsel appearing for the committee of management.
Various factual issues have been raised by the learned counsel in order to justify withholding of commutation amount. However, no provision of law is shown by the learned counsel for the management which may authorise the managing committee to continue with disciplinary action after attainment of age of superannuation.
From the facts, as have been noticed above, it is apparent that the petitioner has already attained the age of superannuation and his pension etc. has also been sanctioned. The question that now survives is with regard to withholding of part of commutation amount.
So far as the order of Inspector disapproving the suspension of petitioner is concerned, the cause raised in the first writ petition no longer survives after the teacher concerned has attained the age of superannuation and the managing committee has also accepted this fact while finalising his pension etc. Writ petition No.20735 of 2014, therefore, has lost its efficacy and is rendered infructuous.
This Court in the case of Ravindra Singh Rathore (supra) has already examined the question as to whether disciplinary inquiry against a teacher can continue after a teacher of recognised aided institution has attained the age of superannuation. It has clearly been held that there exists no provision where under disciplinary action could be continued against the teacher concerned after his attaining the age of superannuation.
In view of the settled legal proposition, the respondents would not be justified in withholding any part of the commutation amount after attaining the age of superannuation on the ground of pendency of disciplinary proceedings.
Writ petition No. 5886 of 2015 (Shiv Gopal Singh Vs. State of U.P. and others), therefore, stands allowed. A writ of mandamus is issued to the respondent to compute the withheld amount of commutation and release the same in favour of petitioner, within a period of two months from the date of presentation of copy of this order, failing which petitioner will also be entitled to interest at the rate of 8% per annum.
The concerned Authority/Official shall verify the authenticity of computerized copy of this order from the official website of High Court Allahabad and shall act accordingly without waiting for submission of the certified copy of this order.
Order Date :- 13.1.2021 n.u.