LALTA PRASAD TRIPATHI Vs. STATE OF U P

JUDGEMENT

(1.) By means of the present writ petition under Article 226 of . the Constitution, the petitioner has prayed that the respondents be directed to release payment of pension in favour of the petitioner and to pay him the amount of General Provident Fund (for short 'GPF') for which he is entitled in accordance with law along with arrears on that account with interest at the rate of 18% per annum.

(2.) In spite of the fact that sufficient time was allowed to the respondent No. 3 District Inspector of Schools (for short 'DIOS'). Varanasi, no counter affidavit has been filed. Heard Sri G.K. Singh, learned Counsel for the petitioner at some length, as well as the learned Standing Counsel.

(3.) The petitioner Lalta Prasad Tripathi retired from the post of Principal, Maharshi Shivbrat Lal Inter College Radhaswami Dham, Varanasi on 30.6.1991. Consequent upon his retirement, he was entitled to the pensionary benefits and the amount deposited towards the GPF. After completing the necessary formalities, relevant papers were submitted by the DIOS Varanasi, respondent No. 3. The matter concerning pension of the petitioner and the payment of GPF amount was not finalised. Ultimately, the Deputy Director of Education VIth Region, Varanasi, by his order dated 5.9.1991 sanctioned a provisional pension for a period of six months. The pension of the petitioner was not finalised despite the fact that he was running from pillar to post and made representations to the Deputy Director of Education as well as the concerned Minister of the Department.