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Allahabad High Court · body

2016 DIGILAW 594 (ALL)

RAM PAL SINGH v. STATE OF U. P.

2016-02-19

DEVENDRA KUMAR ARORA

body2016
JUDGMENT Hon’ble Dr. Devendra Kumar Arora, J.—Case called out. Sri Ankit Pandey, Counsel for the petitioner is present whereas none is present on behalf of opposite parties Nos. 3 and 4. 2. Petitioner, who superannuated on 30.6.2009, as Head Master of Junior High School, District Sitapur, has filed the instant writ petition complaining there in that despite repeated requests, he is not being paid arrears of salary, after fixation of pay and revised salary as per 6th Pay Commission, increments etc as also retiral benefits without any justifiable reasons causing serious mental agony to the petitioner, who is in dire need of money to maintain himself and the family as there is no other source of livelihood. 3. It has been submitted that on 19.5.1993, the petitioner was sent to jail in connection with criminal case and as such he was placed under suspension on 25.6.1993 by Basic Shiksha Adhikari. On 13.10.200, he was acquitted by the competent Court from the charges levelled against him. Consequently, the petitioner was reinstated in service from the date of suspension with salary. On 12.5.2005, he was promoted as Head Master, Junior High School in the pay scale of Rs. 6500-10500/- and while being promoted as such he was transferred to Junior High School, Shivthan,Mishrikh. After retirement, when petitioner contacted the concerned officials for payment of retiral and other dues, he was informed that his service book is not complete for which a letter was written by the Assistant Basic Education Officer on 4.10.2008 to the petitioner to furnish relevant documents so that his service book can be prepared. Pursuant to the said letter, it is said that petitioner vide letter dated 25.10.2008 gave all requisite papers relating to service book. After attaining the age of superannuation, the petitioner is making sincere efforts and running from pillar to post to get his admissible service dues and retiral benefits but all went in vain. 4. A counter-affidavit has been filed by Sri Pramod Kumar, Assistant Basic Education Officer, District Sitapur mainly stating in paragraph 9 that the opposite party No. 3 had directed him to prepare the service-book of the petitioner and to pay retiral dues of the petitioner within a week vide office letter dated 24.8.2013. 5. 4. A counter-affidavit has been filed by Sri Pramod Kumar, Assistant Basic Education Officer, District Sitapur mainly stating in paragraph 9 that the opposite party No. 3 had directed him to prepare the service-book of the petitioner and to pay retiral dues of the petitioner within a week vide office letter dated 24.8.2013. 5. On careful scrutiny of record, it is imminently clear that there is no other reason for payment of service dues and retiral benefits except that the service book was not complete. It may be stated that the said counter-affidavit in which reasons, as indicated above, have been mentioned was filed in August, 2013 and since then more than two long years have elapsed but the retired employee is being denied his legally admissible dues. All these events show the callous and lackadaisical attitude of the respondents and sorry state of affairs. 6. Needless to mention that It is also well-settled that retiral dues of an employee have to be paid with promptitude or else the Government is liable to pay interest unless the delay can be attributed to the employee concerned or the Government is able to show that there was some cogent and valid justification for the delay. 7. Taking the holistic view of the matter and attending circumstances, the Director (Basic Education), U.P.,Lucknow, is directed to personally look into the matter and examine the claim of the petitioner for payment of admissible service benefits and retiral benefits and ensure its payment within a maximum period of three months as the petitioner had already suffered a lot, who superannuated way in the year 2009. 8. Subject to the aforesaid observations and directions, this writ petition is disposed of finally. ———————