SRI RAM MISHRA Vs. STATE OF U P

JUDGEMENT

(1.) BY the Court-The prayer is that the respondents may be commanded to pay to the petitioner the salary which was payable to him from 1st August 1987 to 20th February 1988 and also to pay him pension, gratuity and provident fund as admissible. Hence this petition.

(2.) ON or before 30th June 1987 the petitioner was working as Principal of Netaji Inter College, Barky P. O. Sakalpura, district Varanasi. According to the respondents the petitioner attained the age of super-annuation on 30th June 1987. He preferred a writ petition no. 1103 of 1987 in this Court on 29th June 1987. This Court passed the interim order to the following effect :

(3.) THE writ petition succeeds in part. THE respondents, in particular, the District Inspector of Schools, is directed to pay to the petitioner whatever salary is payable to him within a period of four months, beginning from the month of 1st August 1987 to 9th December 1987. THE Management and the District Inspector of Schools shall take appropriate steps as expeditiously as possible in preparing the bill so that the payment of pension, gratuity and Provident Fund may be made to the petitioner. THE District Inspector of Schools shall submit the papers of the petitioner to the Deputy Director of Education for the said payment within a period of four months from the date of presentation of certified copy of this order before him. We however, make it clear that the pension of the petitioner shall be computed on the bass that the petitioner worked in the institution till 9th December 1987.