SHREE BHAGWAN KUSHWAHA Vs. STATE OF U P

JUDGEMENT

(1.) ARUN Tandon, J. Heard Sri Avinash Swaroop, learned counsel for the petitioner and learned Standing Counsel for the State-respondents.

(2.) PETITIONER, Sree Bhagwan Kushwaha, who claims to be demonstrator in Chaharwati Intermediate College, Akola, Agra has filed this writ petition against an order dated 30th April, 2004 passed by the Deputy Director of Education, Agra Region, Agra. By means of the said order dated 30-4-2004 the Deputy Director of Education has rejected the objections raised by the petitioner with regard to fixation of pension of one Shri Bhagwan Goel, who has since retired as lecturer from the same institution on 30th June, 2003. The Deputy Director of Education under the order dated 30-4-2004 has specifically noticed that the District Inspector of Schools, Agra had passed an order on 14th January, 2004 directing that a sum of Rs. 37,841 was liable to be recovered and therefore deducted, from the pension of Sri Bhagwan Goel because of incorrect fixation of his salary between 1971-80. The said order of District Inspector of Schools had been challenged by Sri Bhagwan Goel before this Court by means of the writ petition No. 940 of 2004. In the said writ petition an interim order has been granted in favour of Sri Bhagwan Govel. In such circumstances the Deputy Director of Education has held that the fixation of pension of Sri Bhagwan Goel shall abide, the final decision of the said writ petition filed by Sri Bhagwan Goel.

(3.) WRIT petition is accordingly dismissed with cost of Rs. 3,000. The amount of costs shall be recovered from the petitioner by the District Magistrate, Agra as arrears of land revenue and shall also be transmitted to this Court within one month. The said amount of cost shall be deposited in legal aid society of the High Court. Petition dismissed. .