Heard learned counsel for the petitioner, learned Standing Counsel and Sri Deepak Agrawal, holding brief of Sri Ajeet Dubey for respondents no. 2, 3 and 4.
Petitioner retired from the post of Head Master of Primary Pathshala Kagaroal, District Agra. When his post retiral benefits were not paid, he approached this Court by means of Writ Petition No. 54014 of 2010 which was disposed of vide order dated 6.9.2010 giving liberty to the petitioner to make a representation before District Basic Education Officer who in trun was directed to examine the claim and decide the same by means of reasoned and speaking order. In pursuance to the order of this Court, petitioner made a representation on 21.10.2010. District Basic Education Officer called for a report from Assistant Basic Education Officer. He submitted a report that petitioner after superannuation did not hand over charge to the new incumbent on account of which he was not issued ''No Dues Certificate', and petitioner has also failed to furnish bills and vouchers and utility certificate of rupees one lac spent by him towards maintenance of the school building on account of which the file regarding post retiral benefits could not be processed.
District Basic Education Officer accordingly directed that petitioner may hand over charge to the Principal within 15 days and obtain a ''No Objection Certificate' and also submit bills and vouchers and utility certificate for rupees one lac drawn and spend by him towards maintenance.
Petitioner instead of complying with the direction has approached this Court. It is contended that respondents are not authorized to refuse pension and other post retiral benefits on the pretext of having not obtained ''No Objection Certificate' or not submitted bills vouchers and utility certificate.
The argument is misconceived. No doubt, petitioner is entitled for pension and other post retiral benefits but that does not mean that he is not under obligation to complete the necessary formalities. Admittedly, his claim could not be finalized for his failure to obtain no dues certificate after handing over charge, and not submitting the bills vouchers and utility certificate for the amount spend by him. District Basic Education Officer has rightly directed that petitioner may complete the necessary formalities within 15 days.
Payment of post retiral benefits cannot be directed unless the petitioner completes the necessary formalities which are lacking on his part. It is still open to the petitioner to carry out the directions contained in the order of the District Basic Education Officer and the same does not require any interference by this Court.
Writ petition accordingly fails and stands dismissed. .
Date : July 4, 2011 Dcs.