WPSS/1658/2021
2021 Latest Caselaw 5275 UK

                   Office Notes, reports, orders
SL.                or proceedings or directions
          Date                                                      COURT'S OR JUDGES'S ORDERS
No                  and Registrar's order with
                           Signatures


      22.12.2021
                                                   WPSS No. 1658 of 2021
                                                   Hon'ble Sharad Kumar Sharma, J.

Mr. Harendra Belwal, Advocate, for the petitioner.

Mrs. Indu Sharma, Brief Holder, for the State.

The petitioner, who was working with the respondents, had ultimately attained the age of superannuation on 31.03.2020, after having retired from the services from Government Primary School, Dhaunrawat, District Champawat.

The grievances of the petitioner is, that his post retiral dues, payable towards the gratuity and leave encashment, with arrears, as well as, his contribution made to the National Pension Scheme (NPS), has not been remitted to him, which is causing an extreme financial hardship upon him.

The learned counsel for the petitioner submits, that when the stale math prevailed, the petitioner had approached the respondents by filing a representation on 15.01.2021, on which, the Deputy Education Officer, Champawat, had written to the District Education Officer (Primary Education), Champawat, for seeking an appropriate direction for the purposes of the disbursement of the claim, raised by the petitioner.

In response to it, he had further also drawn the attention of this Court to the communication made by the District Education Officer, to the Director, (Primary Education) on 23.01.2021, wherein appropriate direction was sought, as to what action has to be taken with regard to the claim which has been raised by the petitioner for the remittance of his retiral dues.

The petitioner's counsel contends, that despite aforesaid communications, and particularly the communication dated 23.01.2021, no action has yet been taken by the Director (Primary Education), hence, he prays for, that at this stage, instead of venturing into the merits of the matter, in case if this writ petition is disposed of with an appropriate direction to the respondent No. 2, to consider and pass an appropriate order on the communication dated 23.01.2021, that may mitigate the grievance of the petitioner.

Considering the said request and without expressing any opinion on the merits of the matter, the respondent No. 2 herein, is directed to consider and pass an appropriate order on the recommendation or the query sought for by the District Education Officer, Primary Education, vide its communication dated 23.01.2021, and it goes without saying, that it is expected that the Director i.e. respondent No. 2, herein, would take a decision on the same, as expeditiously as possible, but not later than two months from the date of production of the certified copy of this judgment.

Subject to above observations, the writ petition stands disposed of.

(Sharad Kumar Sharma, J.) 22.12.2021 Mahinder/