TIRATH RAJ UPADHYAY Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri K.K. Misra for petitioner and learned Standing Counsel for respondent.

(2.) In pursuance of order dated 27th January, 2004 Sri Kripal, Deputy Director of Education (Madhyamik), Vth Region, Varansi and Sri Brij Mohan Maurya, District Inspector of Schools, Jaunpur appeared in person on 27th February, 2004 and thereafter on 12th March, 2004.

(3.) The petitioner retired working as Assistant Teacher in Sri Bashnav Bhagawan Deshraj Surya Adarsh Sanskrit Mahavidyalaya, Udai Bhanpur, Kulaha, Jaunpur on 30th June, 1996. After his retirement, his service record was sent to the office of Joint Director of Education, Vth Region, Varansi, for payment of pension. After about four years, the pension was sanctioned on 4th August, 2000 by pension payment Order No. 8079-82. The total outstanding pension dues were calculated Rs. 1,74,401.55. A note appended to the order provided that the sanctioned amount of pension upto December, 1999 shall be paid through the Officer of District Inspector of Schools and that after 1st January, 2000 the amount shall be made from the treasury. The petitioner was paid pension w.e.f. 1st January, 2000. An amount of Rs. 1,75,401.55 towards arrears of pension, gratuity, and the amount of commutation of pension from 1st January, 1996 to 31st December, 1999 was not paid to the petitioner. The petitioner has prayed for releasing the entire arrears of pension of Rs. 1,74,401.55 with compound interest @ 18% since 1st July, 1996.