Allahabad High Court
Smt. Pankaj vs State Of U.P. Thru Prin.Secy. Edu. ... on 29 March, 2019
Bench: Rajesh Singh Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 23
Case :- SERVICE SINGLE No. - 4540 of 2019
Petitioner :- Smt. Pankaj
Respondent :- State Of U.P. Thru Prin.Secy. Edu. Lucknow And Ors.
Counsel for Petitioner :- Amol Kumar
Counsel for Respondent :- C.S.C.
Hon'ble Rajesh Singh Chauhan,J.
Heard learned counsel for the parties.
Sri Amol Kumar, learned counsel for the petitioner has filed affidavit of service, today in the Court, the same is taken on record.
By means of this affidavit of service, the learned counsel for the petitioner has submitted that the Committee of Management concerned has refused to take notice of this writ petition.
By means of this writ petition, the learned counsel for the petitioner has submitted that the petitioner has been suffering from Cancer and she is admitted in Max Smart Super Specialty Hospital, Saket, New Delhi. The prayer of the petitioner is that the opposite parties be directed to consider the case of the petitioner for voluntary retirement, which has been sought by the petitioner by letter dated 20.01.2013 to the Committee of Management concerned. The petitioner has also prayed that the opposite parties be directed to pay all the post retiral dues to the petitioner along with interest so that the petitioner could get herself treated properly.
Sri Ran Vijay Singh, learned Additional Chief Standing Counsel for the State-respondents has produced a copy of letter/instructions dated 28.03.2019 preferred by the Director of Education, Secondary Education, U.P., Prayagraaj addressing to the District Inspector of Schools, Lucknow directing him that since the Committee of Management has not acted properly, therefore, necessary action be taken against the Committee of Management, in accordance with law. In the said letter, the Director of Education has further indicated that so far as the payment of dues of the petitioner are concerned, those dues be paid to the petitioner as per law. The aforesaid letter/instructions dated 28.03.2019 is taken on record.
Since the petitioner has been suffering from ailment of cancer and her treatment is going on at Max Hispital, New Delhi, therefore, she is in dire need of money.
Accordingly, the District Inspector of Schools, Lucknow is directed to make payment of entire post retiral dues to the petitioner with expedition preferably within a period of two weeks from the date of presentation of a certified copy of this order. It is made clear that the necessary formalities on behalf of the petitioner may be completed by her husband and the authority concerned i.e. the District Inspector of Schools, Lucknow shall permit the husband of the petitioner to complete the necessary exercise for getting post retiral benefits of the petitioner.
So far as the payment of interest on delayed payment of post retiral benefits is concerned, the same shall be decided on the next date. The concern of this Court is that since the petitioner is suffering from serious ailment of cancer and she is in dire need of money, therefore, atleast she be paid the entire post retiral benefits with expedition within the aforesaid period. The Court expects that the District Inspector of Schools, Lucknow shall take sincere endeavour in making payment of post retiral benefits to the petitioner considering her grievance, as aforesaid.
List this petition on 17.04.2019 within top ten cases for peremptory hearing.
Order Date :- 29.3.2019
Suresh/
[Rajesh Singh Chauhan,J.]
