Disposed

Dr. Tej Veer Singh Chauhan v. State of U.P. Thru Secy. Higher Education Deptt. and Ors.

Allahabad HC3 May 2023WRIA/1514/2019

Case brief

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What is this about?

In a writ petition seeking payment of full pension and arrears, the court disposed of the matter by directing the petitioner to submit an undertaking indemnifying the college for locker expenses. Upon submission of this undertaking and subsequent No Dues Certificate, the petitioner was to be paid the balance pension and arrears.

What did the court decide?

Petitioner directed to submit an undertaking indemnifying the college for locker expenses; upon doing so, Punjab is to be issued No. Dues Certificate; thereafter pension to be paid.

Dr. Tej Veer Singh Chauhan Vs State of… — Pension and Retirement Benefits | Allahabad HC (2023)

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Court No. - 17

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Case :- WRIT - A No. - 1514 of 2019

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Petitioner :- Dr. Tej Veer Singh Chauhan Respondent :- State Of U.P. Thru Secy. Higher Education Deptt. And Ors. Counsel for Petitioner :- Ashutosh Shahi Counsel for Respondent :- C.S.C.,Ajay Pratap Singh,Amol Dixit,Savitra Vardhan Singh

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Hon'ble Pankaj Bhatia,J.

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Present petition has been filed with the following prayer:

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"i) to issue a writ, order or direction in the nature of Mandamus commanding respondents to pay full pension to the petitioner of the post of Principal, C.S.N.P.G. College Hardoi regularly.

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ii) to issue a writ, order or direction in the nature of Mandamus commanding respondents to pay arrears of remaining pension and other retiral benefits along with the penal interest till its actual realization.

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iii) to issue a writ, order or direction in the nature of Certiorari quashing the order dated 26.09.2016 of Director of Higher Education, UP, Allahabad as contained in Annexure No.15 to the writ petition.

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iv) to issue a writ, order or direction in the nature of Mandamus commanding respondents to pay penal interest on the delayed payment of GPF and arrears of pension to petitioner.

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....."

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Contention of learned counsel for the petitioner is that the full pension of the petitioner was not being paid to the petitioner, as such, he approached this Court by filing Writ Petition No.595 (SS) of 2015 which was disposed off by this Court vide order dated 22.02.2016 directing respondent no.3 to take a decision in respect of the grievances of the petitioner.

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It is argued that in pursuance to the said direction, part pension was paid to the petitioner, however, the full pension has not been paid.

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Learned counsel for the petitioner draws my attention to the order dated 31.07.2018 and the order dated 29.08.2018 contained in Annexures - 24 and 25 respectively wherein respondent nos.6 & 7 have not granted No Dues Certificate, which is the sole basis for not paying the full pension to the petitioner.

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Learned counsel for respondent nos.6 & 7, who is present in Court, states that No Dues Certificate was not granted to the petitioner as he did not submit the keys of the locker, which was

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under the possession of the petitioner. He argues that in case the petitioner gives an undertaking that as and when the keys are available, the petitioner shall supply the same to respondent no.7, the No Dues Certificate shall be issued to the petitioner.

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Considering the said submission made at the Bar, the present petition is disposed off directing the petitioner to submit an undertaking before respondent no.6 or the existing Committee of Management that he would indemnify the college with regard to any expenses incurred for opening of the locker, if the need so arises, within a period of one week from today.

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In case such an application is filed, respondent no.6 shall issue a No Dues Certificate to the petitioner forthwith. Thereafter, respondent no.3 shall pass requisite orders with regard to the balance pension to which the petitioner is entitled and the arrears of pension, within a period of six weeks from the date when the No Dues Certificate is submitted before respondent no.3.

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In case of default by respondent no.6 in issuing the No Dues Certificate, the question with regard to payment of interest shall be considered by this Court if the petitioner approaches this Court once again.

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This order has been passed in the presence of Shri Savitra Vardhan Singh, learned counsel appearing for respondent no.2.

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Order Date :- 3.5.2023 nishant

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Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench

Dr. Tej Veer Singh Chauhan v. State of U.P. Thru Secy. Higher Education Deptt. and Ors.

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Dr. Tej Veer Singh Chauhan v. State of U.P. Thru Secy. Higher Education Deptt. and Ors.

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