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Uttarakhand High Court · body

2003 DIGILAW 18 (UTT)

Principal, Rajkiya Inter College v. Daya Ram

2003-03-05

K.D.SHAHI, SURENDER KUMAR

body2003
JUDGMENT 1. Heard the counsel for the parties and gone through the records. Shri Daya Ram Nautiyal was an Assistant Teacher. He was not paid his deposits of GPF He filed the complaint before the District Forum against the Principal, and A.G. Uttaranchal. After hearing the parties, the learned Forum ordered that both the respondents should pay a sum of Rs. 65025/ - along with 8% interest per annum and a cost of Rs. 500/-. 2. Against this order an appeal has been filed by the Principal of the College. No appeal has been filed by A.G. It remains,. therefore, that the order has not been challenged by the Accountant General and therefore is final against the Accountant General. 3. The arguments of the learned counsel for the Principal was that the Principal had been made personally liable to pay this amount whereas he is not under any obligation to make payment. Since, the order has been passed, it can be realised through execution and for execution purpose, it is clear that the Principal has not to pay the payment which is to be made by the Accountant General only. 4. The sum of Rs. 63,960/- has been paid to the respondent Shri Daya Ram on 3.3.03. It was argued by his counsel that his order has been passed for Rs. 65,025/ - while the payment made to him is short of the said amount. He further argued that the interest and the compensation amount has not been paid to him. For this short-fall, the claimant has got every right to apply for execution against the Accountant General. But since there is no personal liability of the Principal to make any payment, there is also no budget with him. He has got no amount for making payment from his accounts. The payment flows out only from the funds of the Accountant General and therefore, the liability for payment is only that of Accountant General. In these circumstances while upholding the judgment, it is hereby directed that there is no personal liability of the appellant, Principal and he is relieved of the order Execution, if any, for the balance amount can be made only against the Accountant General. With these observations the appeal is disposed off. In these circumstances while upholding the judgment, it is hereby directed that there is no personal liability of the appellant, Principal and he is relieved of the order Execution, if any, for the balance amount can be made only against the Accountant General. With these observations the appeal is disposed off. ORDER It is hereby directed that there is no personal liability of the appellant, Principal and execution, if any, for the balance amount can be made only against the Accountant General. With these observations, the appeal is disposed off.