High Court · 2025

Respondent-6, Smt. Mamta Rastogi, has worked for a substantial period and later on vide orders passed by District Inspector of Schools, Meerut, she was attached to said Office and thereafter to another College and now she got retired after attaining age of superannuation.

3. A writ petition arising out of disapproval of termination order of Respondent-6 is pending before this Court being Writ-A No. 12817 of 2022. Meanwhile, Respondent-6 has approached this Court by way of filing Writ-A No. 11250 of 2024, which was disposed of by following order dated 27.08.2024: “Heard learned counsel for the petitioner and learned Standing Counsel for the State- respondents. This writ petition has been filed with the following prayers:- "Issue a writ, order or direction in the nature of mandamus directing the respondents to pay the post retiral benefits i.e. G.P.F., Pension, Group Insurance with 9% interest till the date of actual payment." Learned counsel for the petitioner submits that earlier on 02.05.2024, the Deputy Direction of Education (Secondary), Meerut Region, Meerut had written to the District Inspector of Schools II, Meerut requiring certain documents. On 24.05.2024, the District Inspector of Schools-II, Meerut had asked for certain documents from Manager/Principal of the Institution in which the petitioner has worked. According to learned counsel for the petitioner, till date, the Manager/Principal of the Institution known as 'Adarsh Kanya Inter College, Bhisma Nagar, (Bhainsa), Mawana, District Meerut' has not forwarded the papers to the office of respondent no.2/Deputy Director of Education (Secondary), Meerut Region, Meerut for payment of post retiral benefits to the petitioner. As no useful purpose would be served in keeping the writ petition pending or calling for counter affidavit or issuing notice to respondent no.4, with the consent of the parties, this writ petition is being disposed of at this stage with the direction upon respondent no.4 to immediately provide all the documents as required by the Deputy Direction of Education (Secondary), Meerut Region, Meerut for releasing retiral dues of the petitioner. In case, the Management does not provide the required documents as sought by the Deputy Direction of Education (Secondary), Meerut Region, Meerut as well as District Inspector of Schools-II, Meerut within two weeks from the date of production of certified copy of this order, District Inspector of Schools-II, Meerut shall take necessary action against the Committee of Management, as per law. Once, the documents are forwarded to the Deputy Direction of Education (Secondary), Meerut Region, Meerut, he shall immediately proceed and take final decision in the matter in regard to the payment of retiral dues of the petitioner. He shall also pass necessary orders for the payment of interest @ 6% per annum for the delayed payment, and shall fix the responsibility upon the person because of whom the retiral dues could not be released in time. The interest shall be recovered from the person who has withheld the required documents. The entire exercise shall be completed by respondent no.2- Deputy Direction of Education (Secondary), Meerut Region, Meerut within a period of three months from the date of production of certified copy of this order. With the aforesaid observations, writ petition stands disposed of.”

4. In pursuance of said order petitioners were asked to submit papers of said Respondent-6. During communication between petitioners and State-Respondents, it is contended by learned counsel for petitioner that order granting pension to Respondent-6 was passed without even looking into the objections and facts mentioned by Committee of Management which was submitted on basis of repeated notice.

5. In aforesaid circumstances, now Committee of Management has approached this Court that without considering the objections of Committee of Management, in a very hurried manner, an order granting pension was issued. It is specifically submitted by learned counsel for petitioner that petitioner-Committee of Management is not against the pension. However, only endeavour is to initiate an inquiry so that all facts may come into light.

6. Learned counsel appearing for Respondent-6 refers certain orders passed by this Court that no fraud was committed by contesting-respondent and she was entitled for pension.

7. I have considered the submissions and perused the material available on record.

8. It is not in dispute that now Respondent-6 is receiving pension. Petitioners claim is that there were certain facts which were not taken note despite the Committee of Management was on notice and has submitted material before concerned State- Respondent, which is required to be looked into.

9. The Committee of Management wants this Court to pass an order to conduct all roving inquiry though there is no challenge to order of granting pension as well as other writ petition challenging disapproval of termination order of Respondent-6 is still pending. A forum of this Court under writ jurisdiction cannot be used to conduct a fishing and roving inquiry without any substantial basis. Only on ground that since certain information provided by Committee of Management, was ignored or not considered, an order to conduct an inquiry cannot be passed, specifically when challenge to disapproval of termination order of Respondent-6 is still pending in Writ-A No. 12817 of 2022, wherein both parties have opportunity to raise their arguments even on fraud, if law permits.

10. In aforesaid circumstances, prayer made in this writ petition cannot be allowed. However, the writ petition is disposed of that any observation made in this order will not come in the way to the arguments to be raised by parties in pending writ petition. Order Date :- 15.1.2025 AK AWADESH KUMAR High Court of Judicature at Allahabad

Respondent-6, Smt. Mamta Rastogi, has worked for a substantial period and later on vide orders passed by District Inspector of Schools, Meerut, she was attached to said Office and thereafter to another College and now she got retired after attaining age of superannuation.

3. A writ petition arising out of disapproval of termination order of Respondent-6 is pending before this Court being Writ-A No. 12817 of 2022. Meanwhile, Respondent-6 has approached this Court by way of filing Writ-A No. 11250 of 2024, which was disposed of by following order dated 27.08.2024: “Heard learned counsel for the petitioner and learned Standing Counsel for the State- respondents. This writ petition has been filed with the following prayers:- "Issue a writ, order or direction in the nature of mandamus directing the respondents to pay the post retiral benefits i.e. G.P.F., Pension, Group Insurance with 9% interest till the date of actual payment." Learned counsel for the petitioner submits that earlier on 02.05.2024, the Deputy Direction of Education (Secondary), Meerut Region, Meerut had written to the District Inspector of Schools II, Meerut requiring certain documents. On 24.05.2024, the District Inspector of Schools-II, Meerut had asked for certain documents from Manager/Principal of the Institution in which the petitioner has worked. According to learned counsel for the petitioner, till date, the Manager/Principal of the Institution known as 'Adarsh Kanya Inter College, Bhisma Nagar, (Bhainsa), Mawana, District Meerut' has not forwarded the papers to the office of respondent no.2/Deputy Director of Education (Secondary), Meerut Region, Meerut for payment of post retiral benefits to the petitioner. As no useful purpose would be served in keeping the writ petition pending or calling for counter affidavit or issuing notice to respondent no.4, with the consent of the parties, this writ petition is being disposed of at this stage with the direction upon respondent no.4 to immediately provide all the documents as required by the Deputy Direction of Education (Secondary), Meerut Region, Meerut for releasing retiral dues of the petitioner. In case, the Management does not provide the required documents as sought by the Deputy Direction of Education (Secondary), Meerut Region, Meerut as well as District Inspector of Schools-II, Meerut within two weeks from the date of production of certified copy of this order, District Inspector of Schools-II, Meerut shall take necessary action against the Committee of Management, as per law. Once, the documents are forwarded to the Deputy Direction of Education (Secondary), Meerut Region, Meerut, he shall immediately proceed and take final decision in the matter in regard to the payment of retiral dues of the petitioner. He shall also pass necessary orders for the payment of interest @ 6% per annum for the delayed payment, and shall fix the responsibility upon the person because of whom the retiral dues could not be released in time. The interest shall be recovered from the person who has withheld the required documents. The entire exercise shall be completed by respondent no.2- Deputy Direction of Education (Secondary), Meerut Region, Meerut within a period of three months from the date of production of certified copy of this order. With the aforesaid observations, writ petition stands disposed of.”

4. In pursuance of said order petitioners were asked to submit papers of said Respondent-6. During communication between petitioners and State-Respondents, it is contended by learned counsel for petitioner that order granting pension to Respondent-6 was passed without even looking into the objections and facts mentioned by Committee of Management which was submitted on basis of repeated notice.

5. In aforesaid circumstances, now Committee of Management has approached this Court that without considering the objections of Committee of Management, in a very hurried manner, an order granting pension was issued. It is specifically submitted by learned counsel for petitioner that petitioner-Committee of Management is not against the pension. However, only endeavour is to initiate an inquiry so that all facts may come into light.

6. Learned counsel appearing for Respondent-6 refers certain orders passed by this Court that no fraud was committed by contesting-respondent and she was entitled for pension.

7. I have considered the submissions and perused the material available on record.

8. It is not in dispute that now Respondent-6 is receiving pension. Petitioners claim is that there were certain facts which were not taken note despite the Committee of Management was on notice and has submitted material before concerned State- Respondent, which is required to be looked into.

9. The Committee of Management wants this Court to pass an order to conduct all roving inquiry though there is no challenge to order of granting pension as well as other writ petition challenging disapproval of termination order of Respondent-6 is still pending. A forum of this Court under writ jurisdiction cannot be used to conduct a fishing and roving inquiry without any substantial basis. Only on ground that since certain information provided by Committee of Management, was ignored or not considered, an order to conduct an inquiry cannot be passed, specifically when challenge to disapproval of termination order of Respondent-6 is still pending in Writ-A No. 12817 of 2022, wherein both parties have opportunity to raise their arguments even on fraud, if law permits.

10. In aforesaid circumstances, prayer made in this writ petition cannot be allowed. However, the writ petition is disposed of that any observation made in this order will not come in the way to the arguments to be raised by parties in pending writ petition. Order Date :- 15.1.2025 AK AWADESH KUMAR High Court of Judicature at Allahabad