Court No. - 36
Case :- WRIT - A No. - 10406 of 2021 Petitioner :- Om Pal Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Rekha Pundir,Shyam Sunder Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard Shri Shyam Sunder, learned counsel for the petitioner and Shri Devesh Vikram, learned Standing Counsel for the respondents.
Present writ petition is preferred for mandamus commanding the Director of Education (Secondary), U.P. Lucknow/Prayagraj and District Inspector of Schools, Muzaffar Nagar for making payment of salary and other dues to the petitioner for the suspension period in pursuance of the order dated 16.3.2021 passed by the third respondent and also make payment of group life insurance of the petitioner, which has not been paid till date.
It appears from the record that the petitioner was appointed on the post of Assistant Teacher on 01.9.1973 in Janta Inter College, Kutesra, District Muzaffar Nagar. After attaining the age of superannuation, he retired on 30.6.2011. Meanwhile, he was illegally suspended on 29.6.2006. The said suspension order was disapproved by the District Inspector of Schools, Muzaffar Nagar vide order dated 13.10.2006. The aforesaid order dated 13.10.2006 was challenged by the Committee of Management of the institution before this Court by preferring a Writ A No.59452 of 2006. The said writ petition was dismissed in default on 16.4.2014. Thereafter, the letters were written by the petitioner to the authorities to make the payment of due salary for the period when he was placed under suspension. In this regard, a letter dated 4.8.2017 was written by the office of the Director of Education, (Madhyamik) U.P., Prayagraj to the District Inspector of Schools, Muzaffarnagar but inspite of the said letter, no final decision was taken in the matter.
The petitioner had earlier approached this Court by preferring Writ A No.14108 of 2020 (Om Pal Singh vs. State of UP and 3 others) for mandamus commanding the respondents to make payment of salary and other dues of suspension period of petitioner forthwith. The said writ petition was disposed of by this Court on 18.1.2021 with direction to the District Inspector of Schools, Muzaffar Nagar, to decide the claim of the petitioner for payment of the salary of suspension period within a period of two months from the date of receipt of the order.
In support of his submission, learned counsel for the petitioner has placed reliance on the order dated 16.3.2021 passed by the District Inspector of Schools, Muzaffar Nagar, wherein the claim of the petitioner for payment of salary during suspension period with effect from January, 2006 to June, 2011 was found to be admissible. The petitioner has already retired on 30.6.2011.
So far as factual aspect of the matter is concerned, the same has been accepted by learned Standing Counsel.
Once the petitioner has already retired on 30.6.2011 and inspite of the fact, that the suspension order dated 29.6.2006 was disapproved by the District Inspector of Schools, Muzaffar Nagar dated 13.10.2006, then in such situation the respondents are directed to ensure salary of the petitioner for the suspension period so that substantial justice may be done in the matter.
In the facts and circumstances, the writ petition stands disposed of finally with the direction to the Director of Education (Secondary), U.P. Lucknow/Prayagraj to ensure payment of admitted amount strictly in accordance with law, as expeditiously as possible and preferably within three months from the date of production of a copy of this order before him.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Authority/Official shall verify the authenticity of such computerised copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 19.8.2021 RKP