- (1.) Heard Sri Ravi Pratap, learned counsel for the petitioner and Sri Ashok Kumar Pandey, learned Additional Advocate General assisted by Sri H.C. Pathak, learned standing counsel for the State-respondents.
(2.) On 16.11.2015, this Court passed the following order. "On oral request learned counsel for the petitioner, Director of Education (Secondary) U.P. Allahabad, is permitted to be impleaded as respondent no.5. Heard Sri Ravi Pratap, learned counsel for the petitioner and Sri H.C. Pathak, learned standing counsel for the respondent nos. 1 to 3. Petitioner who is widow of late Sri Veer Bahadur Singh, the then Principal in the respondent no.4 institution, has filed the present writ petition praying for the following relief: "Issue a writ, order or direction in the nature of mandamus commanding the respondent Nos.3 and 4 to release the out standing dues namely, group insurance, salary of five months seven days (24.8.2004 to 31.1.2005 medical leave) increment from January 2005 to December 2005, and arrears of six pay commission in favour of the petitioner with 12% interest very soon as Hon'ble Court may deem fit."
(3.) On 1.8.2015 this Court heard the submissions of learned counsel for the petitioner and the learned standing counsel and passed the following order: "Petitioner's husband, namely, late Veer Bahadur Singh was working as adhoc Principal in a recognised Institution, namely, B.R. Intermediate College, Haraiya, Basti, who unfortunately died in harness on 30th April, 2009 leaving behind him the petitioner (widow), two unmarried daughters and two sons. The petitioner, who is widow, has made various representations for payment of post retiral benefits of her husband. On one such representation, the District Inspector of Schools invoked his powers under Section 3 of the Uttar Pradesh High Schools and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1971 (for short, the "Act, 1971"). Aggrieved by the said order, the Committee of Management preferred a writ petition, being Writ-C No. 69390 of 2011 (C/M. B.R. Inter College Harraiya and another v. State of U.P. and others), wherein on 14th December, 2011 the order of the District Inspector of Schools dated 18th November, 2011 was set aside on the ground that it was passed in violation of the principles of natural justice. Dissatisfied with the said order, the petitioner preferred Special Appeal No. 77 of 2012 (Smt. Indra Singh v. State of U.P. and others), which was disposed of on 19th January, 2012 with a direction to the District Inspector of Schools to consider the matter and pass necessary orders. In compliance thereof, the District Inspector of Schools has passed the order dated 10th May, 2013, whereby he has issued a positive direction to the Committee of Management to send the bill of the petitioner with regard to post retiral benefits of her husband such as Group Insurance, Medical Leave, annual increment, etc. A copy of the said direction of the District Inspector of Schools dated 10th May, 2013 is on the record as Annexure-4 to the writ petition. The grievance of the petitioner is that in spite of the said order of the District Inspector of Schools, the Committee of Management has not sent the relevant papers to the office of the District Inspector of Schools. When this writ petition was filed, on 11th July, 2014 learned Standing Counsel was granted time to seek instruction in the matter. Said order of this Court was communicated to the District Inspector of Schools on 11th July, 2014 itself, but no instruction has been received by him. Considering the fact that the petitioner is widow and for the last five years, she is making representations and filing writ petitions, however, the Committee of Management is adopting an intransigent attitude of not sending the requisite papers to the office of the District Inspector of Schools, I am satisfied that the District Inspector of Schools has failed to exercise his statutory duty conferred upon him under Section 3(3) and Section 5 of the Act, 1971. The District Inspector of Schools, in spite of the time granted, could not satisfy the Court that why the said power has not been exercised by him so far. Thus, after careful consideration of the matter, this Court finds that since the District Inspector of Schools has issued the direction to the Committee of Management for payment of post retiral benefits and had invoked his powers under Section 3 of the Act, 1971, therefore, an interim mandamus is issued to the District Inspector of Schools, Basti, the respondent no. 3, to ensure payment of post retiral benefits of the petitioner within three months from today or show cause. List the case after three months.";