Allahabad High Court
Rama Kant Pandey And Another vs State Of U.P. Thru ... on 4 May, 2018
Bench: Rajesh Singh Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 23
Case :- SERVICE SINGLE No. - 3429 of 2018
Petitioner :- Rama Kant Pandey And Another
Respondent :- State Of U.P. Thru Prin.Secy.Secondary Edu.Civil Sectt.&Ors.
Counsel for Petitioner :- Laltaprasad Misra,Pankaj Kumar Mishra
Counsel for Respondent :- C.S.C.,Sanjay Mishra
Hon'ble Rajesh Singh Chauhan,J.
Heard learned counsel for the parties.
Learned Standing Counsel has submitted that in compliance of order dated 30.04.2018, the instructions have been received and he may be granted time to file the counter affidavit.
The instructions so produced before the Court by the learned Standing Counsel do not appear to be sufficient. The then learned Additional Chief Standing Counsel had submitted before the Contempt Court on 15.04.2014 that "the entire arrears of payment of salary to the petitioners have been paid from the date it was due. Those petitioners who have retired were required to complete certain formalities before the post retiral benefits are released. Necessary formalities required to be done would be informed by respondent No.4 within three days from today and as soon as the formalities are completed, respondent No.4 would ensure that pensionary benefits are released in favour of the person concerned."
Considering the aforesaid statement of the then Additional Chief Standing Counsel, the Contempt Court was pleased to fix the date 22.05.2014 with further direction that "in case the pensionary benefits are not released in favour of the petitioners concerned by the next date, the respondent No.4 will appear again before the Court." The order dated 15.04.2014 is being reproduced here-in-below:-
"Mr. Jitendra Kumar, Secretary, Secondary Education (under suspension) as well as Mr. Vasudev Yadav, Director, Secondary Education (now retired) along with Mr. Onkar Singh, present District Inspector of Schools, Ambedkar Nagar are present before the Court.
Mr. Lalit Shukla, learned Additional Chief Standing Counsel, on the basis of instructions, submits that entire arrears of payment of salary to petitioners have been paid from the date it was due. Those petitioners who have retired are required to complete certain formalities before the post retiral benefits are released. Necessary formalities required to be done would be informed by respondent no. 4 within three days from today and as soon as the formalities are completed, respondent no. 4 would ensure that pensionary benefits are released in favour of the person concerned.
List this case on 22.5.2014.
In case pensionary benefits are not released in favour of petitioners concerned by the next date, respondent no. 4 will appear again before the Court.
The appearance of respondent nos. 1 and 2 are exempted."
More than four years period with effect from 15.04.2014 have lapsed, but till date, the petitioners are running from pillar to post to get their pensionary benefits, for which, the statement was recorded before the Contempt Court.
In view of the aforesaid, the Joint Director of Education, 9th Region, Faizabad shall file his personal affidavit replying the contents of writ petition within ten days.
List this case on 15.05.2018.
If no personal affidavit is filed by the Joint Director of Education, 9th Region, Faizabad as directed above, he shall appear in person along with record to assist the Court, on the next date fixed.
Order Date :- 4.5.2018
Suresh/
[Rajesh Singh Chauhan,J.]
