KRISHNA KISHORE KHANNA Vs. STATE OF U P

JUDGEMENT

(1.) Heard Shri Anurag Vikram Singh, holding brief for Shri Deepak Seth, learned counsel for the petitioner and Shri Q.H. Rizvi, learned Standing Counsel for the opposite parties. With the consent of the parties, we proceed to decide the writ petition at the admission stage.

(2.) The petitioner was appointed as Junior Lecturer on 5.10.1966. The post was re-designated as Lecturer from 1.1.1975 in Chemistry subject at Government Polytechnic, Moradabad. The petitioner had taken plea that the appointment order was issued on 5.10.1966 but he was performing his duty as Junior Lecturer since 8.8.1966 having satisfactory service record. The petitioner was promoted on the post of Principal, Government Polytechnic, Fatehgarh on 18.7.2003 and was granted pay scale of Rs. 12,000-16,500/- and was drawing a basic pay of Rs. 14,625/-.

(3.) It has been submitted by the petitioner's counsel that because of bad health, the petitioner sought voluntary retirement which was approved by order dated 2.9.2004 and in consequence thereof, the petitioner was retired on 31.10.2004, though the petitioner's age of superannuation was 31.5.2005. It is stated that before the date of retirement, the petitioner had completed all necessary formalities with regard to pension, gratuity, GPF and for all post retiral benefits. The record was forwarded by the Joint Director, Technical Education, U.P. in September, 2004 to the Directorate of Pension. However, the Director, Directorate of Pensions vide his letter dated 8.11.2004 sought certain clarification with regard to unfilled column. In pursuance thereof, the petitioner immediately furnished all the details as sought for by means of letter dated 8.11.2004. According to the petitioner, in the meantime, the petitioner was paid all his GPF, sale of earned leave as well as Group Insurance by his department i.e. Directorate of Technical Education, U.P. The Accountant General., U.P. Allahabad has authorized the department of petitioner to make payment of GPF amount to the petitioner after finding the basic pay fixed as Rs. 3100/- w.e.f. 30.10.1986 as correct.