DHANANJAYA YESHWANT CHANDRACHUD,J.YASHWANT VARMA,J. - (1.) Dharam Raj Yadav, an Assistant Teacher in the Panchayat Inter College, Gaura Mehnagar, Azamgarh instituted a writ proceeding questioning the legality of the order dated 19/23 November 2009 passed by the first appellant rejecting his claim for grant of pension and other retiral benefits. A further writ of mandamus was sought for the release of the entire outstanding amounts towards retiral benefits and pension along with interest. During the pendency of the said writ petition, Dharam Raj Yadav died and the appellant ­ his wife, was substituted as his legal heir.
(2.) The learned Single Judge by his judgment rendered on 19 January 2015 has allowed the writ petition and directed the release of all post retiral benefits such as arrears of pension for the period 1 July 2002 to 7 April 2013. A direction has further been issued for the release of family pension with effect from 8 September 2013 and other retiral dues within a period of three months along with interest @ 9 %. A failure on the part of the appellants to release the payments in terms of the directions referred to above, as the learned Single Judge has provided, would visit the appellant with liability to pay interest @18% on all dues with effect from 1 July 2002. Aggrieved by the said judgment and order of the learned Single Judge, the State is in appeal.
(3.) The original petitioner was appointed as an Assistant Teacher in the institution on 14 September 1964. The Committee of Management terminated his services on 1 March 1984 and the papers for approval of the same were duly forwarded to the U.P. Secondary Education Service Commission.;