MANSA RAM Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Yogish Kumar Saxena for petitioner and Sri Anand Prakash Pandey for Sri Pravin Kumar Tripathi, Finance and Accounts Officer in the office of Basic Shiksha Adhikari, Etawah.

(2.) Notices were issued to Sri Pravin Kumar Tripathi on 10.3.2004 and he was required to file an affidavit explaining the circumstances given by him in his letter dated 25.11.2003 to the Secretary, Lokayukta, U. P., Lucknow with regard to delayed payment of General Provident Fund (G.P.F.) payable to the petitioner. Sri Pravin Kumar Tripathi has filed a counter-affidavit on his behalf and on behalf of respondent Nos. 2 and 3. I also gave an opportunity to him to address the Court in person. With the consent of parties, this writ petition is being finally decided at this stage.

(3.) The petitioner was appointed as Assistant Teacher on 25.8.1952. With the enforcement of U. P. Basic Education Act, 1972 his services were transferred under Section 9 of the Act, to the U. P. Basic Education Board. He attained superannuation and retired on 30.6.1992. A sum of Rs. 65,000 was due to be paid to him as contribution made by him towards G.P.F., out of which he was paid only Rs. 31,616 on 1.6.1993 by Cheque No. 21 /24891. Inspite of clear direction by the department to pay the entire G.P.F. amount immediately after the retirement, the respondents did not pay any attention to the repeated requests and the representations of the petitioner, who is now an old person of 70 years and is still running from pillar to post.