BUDHI SAGAR SHULKLA Vs. STATE OF U P

JUDGEMENT

(1.) Petitioner was a Lecturer (Sanskrit) in Ganna Vikas Inter College Munderwa, Basti. He retired from service on 30.6.2006. He is aggrieved by order dated 27.8.2007 passed by Joint Director of Education, Basti Region Basti whereby the representation with regard to his claim of interest of delayed payment of G.P.F. Has been turned down. A brief reference to the factual aspect of the case would suffice. Petitioner was Lecturer (Sanskrit) in Ganna Vikas Inter College Munderwa, Basti, which is governed by the Provisions of U.P. Intermediate Education Act, 1921 and Regulations framed therein. The institution receives aid out of the State fund and as such the provisions of U.P. Payment of Salaries of Teachers and Others Employees Act, 1971 are also applicable. Petitioner reached his age of superannuation on 30.6.2006. His papers for post retiral benefits were forwarded to the Competent Authority viz. Joint Director of Education (Madhyamik), Basti. The order for payment of his pension was passed on 19.9.2006 and by a separate order dated 7.9.2006 his G.P.F. was also paid.

(2.) The grievance of the petitioner was that he was entitled for higher amount. He was also entitled for Rs. 31,749/- against his G.P.F. which has been illegally deducted. He had made a representation for the said fact dated 25.3.2008 and 27.8.2008, which have been brought on record as Annexure Nos. 9 and 10 to the writ petition. When no action was taken, the petitioner, approached this Court by means of Writ Petition No. 23649 of 2007 which was disposed of on 18.5.2007 with a direction to the Joint Director to consider the grievance of the petitioner.

(3.) In compliance of the said order dated 18.5.2007, the impugned order has been passed by the Joint Director. It is recorded by the Joint Director in his order that the Committee of Management had forwarded the papers for payment of Rs. 6,48,690/-. However, he was found entitled for the payment of Rs. 6,38,251/- only on the ground that in the revised pay-scale the arrear of the petitioner has been entered into the lesser in March 1999. The said amount has been deposited in February 2001 in the account of the petitioner. Therefore, the petitioner has been deprived for the interest on delayed payment and the amount from 1999 to 2001.