Writ Petition No. 52777 of 2006 · High Court
Case Details
Neutral Citation No. - 2025:AHC:106301 Court No. - 38 Case :- WRIT - A No. - 21437 of 2018 Petitioner :- Ram Prasad Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Bhawesh Pratap Singh,Jitendra Shanker Pandey,Umesh Kumar,Yogesh Kumar Saxena Counsel for Respondent :- C.S.C.,Dr. K.P. Bajpai,Shravan Kumar Panday Hon'ble Donadi Ramesh,J. 1. The present writ petition is filed for the following relief:- "(a). Issue a writ, order or direction in the nature of mandamus directing the respondents to pay the pension along with 10% interest to the petitioner. (b). Issue a writ, order or direction in the nature of mandamus directing the respondents to pay the post retirement benefits of the petitioner including the fund, gratuity, leave encashment as well as arrears of salary, ACP dues and Bonus due to the petitioner along with 10% interest." 2. As the issue involved in the present writ petition was considered by this Court on earlier occasion and a comprehensive order has been passed in earlier Writ Petition No.52777 of 2006, vide order dated 09.10.2006, which reads as follows:- "In such circumstances, this Court is satisfied that the order of the District Inspector of Schools has been passed without considering of the reply submitted by the petitioner before the appointing authority, enquiry officer and the District Inspector of School himself. The order passed by the District Inspector of Schools, Auraiya dated 14th August, 2006 cannot be legally sustained and is hereby quashed. The District Inspector of Schools is directed to re-examine the matter in light of the judgment and order of this Court dated 17th May, 2006 passed in Civil Misc. Writ Petition No.26801 of 2006, strictly in accordance with law after affording opportunity of hearing to the Committee of Management and the petitioner, within two months from the date a certified copy of this order is filed before the District Inspector of Schools. He shall pass a reasoned speaking order. It is further clarified that the petitioner shall be restored back in service and shall be paid salary as and when due, however, such joining of the petitioner shall be subject to the order to be passed by the District Inspector of Schools afresh as directed above." 3. Consequently, when the respondents have not released the pension and the post retirement benefits, the petitioner has filed the present writ petition. At the admission stage, this Court has passed the following order on 05.10.2018:-
Legal Reasoning
5. In the said circumstances, the State respondents has to consider the order passed by this Court in Writ Petition No.52777 of 2006 and released the pension and post retirement benefits to the petitioner. Though, respondent no.2 has filed counter affidavit but not specifically mentioned any reason for not disposal of the claim made by the petitioner. 6. In the said circumstances, as the controversy has already been decided by this Court and the respondents not allowed the petitioner the dues after attaining the age of superannuation, as such once the petitioner has retired the respondents have no authority to withhold the post retirement benefits.
Arguments
"1. Heard Shri Yogesh Kumar Saxena, learned counsel for the petitioner, Shri Shravan Kumar Panday, learned counsel for the respondent nos. 2 and 3 and learned Additional Chief Standing Counsel on behalf of the respondent nos. 1 and 4. 2. The present writ petition has been filed with a prayer to issue a writ, order or direction in the nature of the mandamus directing the respondents to pay the pension along with 10% interest to the petitioner. 3. The grievance of the petitioner appears to be that the order of dismissal from service passed against him dated 22.01.2005 as approved by the District Basic Education Officer, Orai dated 17.02.2005, was set aside by this Court vide judgement dated 03.05.2005 in Civil Misc. Writ Petition No. 32028 of 2005. Though, the said judgement was challenged in Special Appeal, it transpires that the same was never set aside and the Special Appeal is also stated to have been dismissed. In a parallel proceeding, the Principal of the institution terminated the petitioner by an order dated 19.12.2005 which became subject matter of challenge in Civil Misc. Writ Petition No.No. 52777 of 2006. This writ petition was also allowed by the judgement dated 09.10.2006 and the order dated 14.08.2006 passed by the D.I.O.S. granting approval to the orders passed by the Principal (dated 19.12.2005) was set- aside. The matter was thus remitted to the D.I.O.S. to pass a fresh order in accordance with law. 4. It is then submitted that no order has yet been passed in compliance of the Court's order 09.10.2006. Meanwhile, the petitioner was allowed to join but was not being paid his salary which resulted in the third petition being filed by the petitioner being Writ-A No. 44064 of 2007 that came to be allowed vide judgement dated 30.11.2012. 5. In compliance of the aforesaid order dated 30.11.2012, arrears of salary appear to have been discharged. Meanwhile, the petitioner attained the age of superannuation and he has since retired from the institution. 6. At present, the petitioner appears to be aggrieved by the fact that the retiral dues have not been paid by the respondents. 7. Keeping in mind the protracted litigation in which the petitioner appears to have been forced, controversy may not be allowed to linger on for indefinite period of time. 8. Issue notice to respondent no. 5 fixing 12.11.2018 in the top ten cases. In addition to the regular mode of service, petitioner may serve respondent no. 5 through dasti summon. Steps be taken within one week. 9. All respondents may file their counter affidavit by the next date. It is made clear that the respondent no. 5 shall either pay up the due amount to the petitioner on or before the next date, failing which they may show cause why the said amount has not been paid." 4. Despite the above orders the respondents have not chosen to settle the benefits of the petitioner and after notice the respondent no.5 has filed counter affidavit wherein they have specifically stated that respondent no.5 has sent all relevant papers of the petitioner for making of the payment of pension and other post retirement benefits/ dues, vide letter dated 30.08.2018 and the said proposals were pursued by the State authorities i.e. BSA on 01.02.2018.
Decision
7. In view of the said circumstances, the present writ petition is disposed of directing the respondent- authorities to consider the proposals sent by the fifth- respondent for release of post retirement benefits, pension and other emoluments, within a period of two months from the date of a receipt of a copy of this order. It is needless to mention that as per the rules, if the petitioner is entitled for any interest the same may be considered and paid to the petitioner within the same time. Order Date :- 7.7.2025 AdityaG (Donadi Ramesh,J.) Digitally signed by :- Digitally signed by :- ADITYA GAUTAM ADITYA GAUTAM High Court of Judicature at Allahabad High Court of Judicature at Allahabad