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S.Krishna Katiyar v. Dy.Director Of Education Ist, Kanpur And Others - WRIT - A No. 33107 of 1994 [2007] RD-AH 12028 (16 July 2007)


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Court No. 26

Civil Misc. Writ Petition No.  33107 of 1994

Shree Krishna Katiyar                                        ...                 Petitioner


Deputy Director  of Education & others           ...                  Respondents

Hon'ble Mr. Justice Vineet Saran

This writ petition has a long drawn history but for the purposes of decision of this case it may be sufficient to mention that the petitioner was appointed as an Administrator in the institution of Respondent no.3 in the year 1965. By a resolution dated 7.5.69 the Committee of Management proposed to terminate the services of the petitioner with effect from 7.4.1968. However, the said proposal was not approved by the respondent-authorities. The matter remained pending. Ultimately on 8.4.1992 in writ petition no. 29116 of 1991 filed by the petitioner this Court directed the District Inspector of School to decide the matter with regard to the proposal of the Committee of Management for dismissal of the petitioner and also issued necessary directions for payment of salary to the petitioner from December, 1968 till the disposal of the representation. By an order dated 13.4.1994 the District Inspector of School granted approval to the resolution of termination of the services of the petitioner. Challenging the order dated 13.4.1994 the present writ petition has been filed in which on 23.11.1994 this Court, keeping in view that no order terminating the services of the petitioner had yet been filed by the respondent-institution, passed the following interim order:-

"Issue notice returnable at a very early date.

The respondents no. 1,2 and 4 are represented by the learned standing Counsel. No notice need be issued to the said respondents. The notice shall be issued to the respondent no.3 only.

Sri Tej Ram, learned Standing counsel representing the respondents no. 1, 2 and 4, prays for and is granted a month's time for filing counter affidavit. As prayed by Sri Y.K.Saxena, learned counsel for the petitioner, two weeks thereafter are granted for filing rejoinder affidavit.

List the application for further orders upon expiry of the period fixed herein for exchanging the affidavits.

For so long as the services of the petitioner are not terminated by means of a valid termination order, he shall be deemed to be continuing in service and entitled to all the benefits relating thereto."

Since the petitioner was not paid his salary, he filed a contempt petition  during pendency of which the petitioner was paid a sum of Rs. Nine lacs and odd towards salary. In the meantime the petitioner has superannuated from service on 30.6.2002. Although the petitioner disputes the fact that total salary has been paid to him, but keeping in view that from 1968 till 2002 he has not worked but has admittedly been paid a substantial amount of Rs. Nine lacs and odd towards his salary, in my view, the dispute with regard to the quantum of salary to be paid to the petitioner for his service period should be put to rest on his having been paid over Rs. Nine lacs. However, he would be entitled to payment of pension and other retiral benefits, in accordance with law, after the date of his retirement.

It is thus directed that the Deputy Director of Education, , Kanpur Region, Kanpur, Respondent no.1, shall determine the salary of the petitioner which the petitioner would have been entitled to at the time of his retirement on 30.6.2002 after giving him due increments and fix his pension accordingly. The same may be done by the  Respondent no.1 within three months from today. The Respondent no.3 Committee of Management Sri Ram Swaroop Gramodyog Inter College Pokhara, Kanpur Dehat is directed to cooperate with the authorities and send all necessary information in this regard. The arrears of pension and other retiral benefits from 1.7.2002 shall be paid to the petitioner within two months of the Respondent no.1 passing such order. Thereafter the petitioner shall be paid his regular monthly pension.

This writ petition stands allowed to the extent indicated above. No order as to cost.

dt. 16.7.2007



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