Court No. - 18
Case :- WRIT - A No. - 8739 of 2018 Petitioner :- Jaishanker Singh Respondent :- State Of U P And 5 Others Counsel for Petitioner :- J.P.N. Singh Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the parties.
Petitioner is before this Court with the request to direct the District Inspector of Schools Ballia/ respondent no.4 to decide the objection dated 29.11.2017 raised by Additional Director of Education (Secondary), Arth-2, Sakh Seema Anubhag, Directorate of Education U.P. at Allahabad/respondent no.3 dated 12.01.2018. Further prayer has been made to direct the respondents to pay the interest of total amount of arrears of Rs.33,33,280/- and also pay the rest of amount of petitioner of Rs.1,93,827/-, which is wrongly deducted by respondents.
Learned counsel for the petitioner apprised to the Court that petitioner has joined as Assistant Teacher in C.T. Grade in the year 1977 and retired as Lecturer Hindi on 30.06.2015. He further informed to the Court that so far as retiral dues are concerned, gratuity and pension has been ensured to the petitioner by the respondents well within time but as far as arrears of salary is concerned, only amount of Rs.26,89,453/- has been accorded in spite of amount of Rs.31,39,453/- that was granted by the Director of Education and the remaining amount has not been released on the ground that Additional Director of Education (Secondary) raised certain objections in the matter vide letter dated 29.11.2017. He has further informed to the Court that even in response to the same, the petitioner has also moved his objection/representation before the District Inspector of Schools on 12.01.2018.
In support of his submission, learned counsel for the petitioner has placed reliance on the dated 17.04.2015 rendered in Writ Petition no.50775/2003, Bihari Lal vs. State of U.P. and others 2015 (2) UPLBEC 1327 wherein it has been held that right to receive retiral dues is closely related to right to self respect which is included in Article 21. It has also been held therein that absence of statutory rules providing interest on delayed payment of retiral dues would not be an impediment in granting interest for delay payments and as such interest has also been provided therein and in this backdrop, it is prayed that respondents may be directed to release the arrears of amount and also to pay the interest on the delayed payment @ 9%.
Learned Standing Counsel very fairly submits that in case any such objection is still pending, the same shall be decided at the earliest and in case the claim of the petitioner is found to be sustainable, the remaining amount would be released forthwith.
In view of the above, without adverting to the merits of the case, on consent, the writ petition is disposed of with the direction to the District Inspector of Schools, Ballia to ensure that the objections made by the Additional Director of Education (Secondary) as well as by the petitioner may be decided at the earliest and in case the claim of petitioner for remaining amount is found to be sustainable, the same may be released forthwith but so far as the interest portion is concerned, the petitioner is at liberty to move an application/representation before the Director of Education (Secondary) U.P. at Lucknow and the same shall be decided by the Authority concerned in the light of the observations made in the aforesaid judgement.
Order Date :- 28.3.2018 A. Pandey