Allahabad High Court
Dwarika Nath Mishra vs State Of U P And 4 Others on 1 August, 2019
Bench: Ashwani Kumar Mishra
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 38
Case :- WRIT - A No. - 11524 of 2019
Petitioner :- Dwarika Nath Mishra
Respondent :- State Of U P And 4 Others
Counsel for Petitioner :- Rajendra Prasad Tiwari,Vinay Kumar Tiwari
Counsel for Respondent :- C.S.C.,Rajnish Kumar Rai
Hon'ble Ashwani Kumar Mishra,J.
Petitioner had earlier approached this Court by filing Writ Petition No.47943 of 2017, which was disposed of vide following orders passed on 12.10.2017:-
"Heard Sri Rajendra Prasad Tiwari for the petitioner and Standing Counsel for State of U.P.
This writ petition has been filed for mandamus directing the respondents to pay the post retiral dues, i.e. Pension, Gratuity, Government Provident Fund, Leave Encashment, etc. @ revised pay scale, as revised by 6th Pay Commission, to the petitioner.
In the writ petition, it has been stated that the petitioner retired from the post of Senior Office Assistant from Education Department on 30.11.2015. Petitioner also claims interest @ 12% per annum due to delay in payment, as held by Division Bench of this Court in Dr. Chandra Kant Sharma vs. Vice Chancellor Dr. B. R. Ambedkar University and Others, 2016 (4) UPLBEC 3158 (DB).
The petitioner has already moved a representation in this respect before Director of Education, Basic Education Directorate, Allahabad. The writ petition is disposed of directing Director of Education, Basic Education Directorate, Allahabad (respondent-2) to pass appropriate order on the representation of the petitioner within two months from the date of producing a certified copy of this order before him. The petitioner is given liberty to file a copy of the representation and other necessary papers, along with a certified copy of this order before Director of Education, Basic Education Directorate, Allahabad within ten days."
After filing a contempt petition in the matter the Director has passed an order dated 24.4.2018. This order records that petitioner had taken certain loan etc. and that No Dues Certificate has not been issued. This petition has now been filed contending that No Dues Certificate has already been issued by the Bank and the same has also been placed before the authorities, yet, dues in terms of the order of Director has not been released in favour of petitioner.
Learned Standing Counsel states that an appropriate decision would be taken in the matter by the competent authority, in accordance with law.
Considering the fact that an order has already been passed by the Director and the petitioner has also furnished No Dues Certificate issued by the Bank concerned, it would be appropriate to dispose of this petition with a direction upon the respondent no.4 to examine petitioner's claim for release of retiral dues in terms of the order passed by the Director on 24.4.2018, keeping in view the No Dues Certificate submitted by the petitioner. Copy of No Dues Certificate would also be annexed alongwith the representation filed together with certified copy of this order. Required consideration would be made within a period of six weeks from the date of presentation of certified copy of this order.
With the aforesaid observations/directions, this writ petition is disposed of.
Order Date :- 1.8.2019
Ashok Kr.
