Court No. - 33
Case :- WRIT - A No. - 23832 of 2018 Petitioner :- Ram Ji Mishra Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Anant Vijay Counsel for Respondent :- C.S.C.,Rajnikant Rai
Hon'ble Ashwani Kumar Mishra,J.
Petitioner was appointed as a Class-IV employee in Khardiha Degree College, Khardiha District Ghazipur on 5.2.1976. He was subsequently promoted on the post of Library Clerk on 15.12.1984 and thereafter promoted to the post of Office Superintendent on 21.11.2000. It is stated that petitioner fell ill on 30.4.2007 and was not allowed joining thereafter. An application was moved for permitting the petitioner to join on 30.6.2009. It appears that the petitioner was reverted on 4.9.2011 and such order of reversion was also approved by the competent authority on 3.3.2012.
Challenge laid to the order of reversion has already failed with dismissal of Writ Petition No. 47692 of 2012. Special appeal filed in the matter has also been dismissed. It is alleged that the petitioner has attained the age of superannuation but his pension alongwith arrears together with amount of GPF, group insurance, leave encashment have been withheld for the last nearly 5 years and the petitioner is at the verge of starvation.
Counter affidavit has been filed by the State, stating that in the year 2005-06, fee collected by the petitioner has not been deposited and, therefore, a sum of Rs. 1,88,772/- has been embezzled by the petitioner. In para-9 of the counter affidavit it is stated that unless he deposits such amount, no dues certificate cannot be issued to him. It is also stated that although petitioner gave an affidavit to deposit the aforesaid amount in 24 instalments of Rs. 10,000/- each yet he has not honoured it, therefore, the retiral benefits of the petitioner have been withheld.
Learned counsel for the petitioner states that an application has been given by the petitioner to deduct the alleged defaulted amount of Rs. 1,88,772/- from the dues payable to petitioner and the balance amount be credited to his account.
I have heard learned counsel for the petitioner, Sri Sumit Kumar holding brief of Sri R.K. Rai for respondent no. 5 and Sri S.C. Upadhyay learned counsel for respondent nos. 1 to 4 and have perused the materials on record.
On the materials placed on record, it is apparent that the only ground taken for non release of pensionary benefits to petitioner is non deposit of alleged embezzled amount of Rs. 1,88,772/- .Petitioner has no objection if such amount is recovered from his retiral benefits and an affidavit to that effect has already been given by the petitioner.
In the facts and circumstances of the case, it would be appropriate to dispose of this petition with a direction upon the respondent nos. 3 and 4 to deduct the amount of Rs. 1,88,772/- from the retiral benefits dues of the petitioner and to release his balance retiral benefits together with arrears as are found due and payable to petitioner within a period of four months from the date of presentation of copy of this order. For any further delay caused in the release of such amount, petitioner shall also be entitled to interest at the rate of 8%.
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 :- 19.8.2021 n.u.