Hon’ble Sudhir Agarwal, J.—The petitioner was permanent Lecturer in P.V. Inter College, Baraur, Kanpur Dehat (hereinafter referred to as “College”) and after attaining the age of superannuation, retired while officiating as Principal on 30.6.2003. The College, being an aided institution, liability of salary lies on State Government under U.P. High School and Intermediate Colleges (Payment of Salaries of Teachers and Other Employees) Act, 1971 (hereinafter referred to as “1971 Act”). It is not disputed that retiral benefits of petitioner were also liability of respondents 1, 3 and 4.

2. It is said that 90 per cent of pension of petitioner was paid on 31.8.2004 i.e. after about one year and two months from the date of retirement of petitioner. Rest of amount was not paid since the Committee of Management of College did not issue ‘no dues certificate’. On 31.5.2003, the Committee of Management had placed petitioner under suspension but the order of suspension was not approved by District Inspector of Schools (in short “DIOS”) as contemplated under Section 16-G (7) of U.P. Intermediate Eduction Act, 1921 (hereinafter referred to as “1921 Act”). Petitioner, thereafter, approached this Court in Writ Petition No. 39082 of 2006 which was disposed of finally on 27.7.2010 permitting the petitioner to make a representation to Joint Director of Education, Kanpur Region, Kanpur (in short “JDE”) within two weeks and the said authority was directed to decide petitioner’s representation by a speaking and reasoned order.

3. JDE passed an order on 13.10.2010 observing that Committee of Management had resolved on 17.8.2003 to terminate petitioner, and since the said decision was pending for consideration before U.P. Secondary Education Services Selection Board, Allahabad (in short “UPSESSB”) and the Management having also not issued any ‘no dues certificate’, the representation deserves to be rejected and no amount is payable to the petitioner.

4. Petitioner, thereafter, has come to this Court in the present writ petition.

5. JDE passed another order on 4.3.2011. Realizing the fact that earlier order has not been passed correctly, modified its earlier order in the following manner:

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English Translation :

“On the basis of the report received from District Inspector of Schools, Rama Bai Nagar and the report relating to payment clarified in the record, allowing the representation of the applicant to that extent, it is made clear that the DIOS, Ramabai Nagar after obtaining no dues certificate shall take steps for sanction of final pension and ensure receipt of requisite documents in the office of pension sanctioning authority immediately so that the matter may be disposed of.”

6. The DISO directed the Management to furnish requisite documents including “No-objection Certificate” so that appropriate action in respect to petitioner’s claim for pension be taken.

7. Today, an affidavit has been filed sworn by Smt. Maya Niranjan, Joint Director of Education, Kanpur Region, Kanpur stating that UPSESSB disapproved proposal for terminating petitioner’s services on 10.1.2006. She also said that in compliance of order dated 4.3.2011, Committee of Management issued ‘No-dues Certificate” on 18.6.2011 which was forwarded to JDE on 22.6.2011 and thereafter full and final pension has been released. So far as gratuity is concerned, since petitioner retired on attaining the age of 62 years, therefore, he is not entitled for gratuity.

8. The grievance of the petitioner is, though he retired as long back as on 30.6.2003, his retiral benefits