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IN THE HIGH COURT OF ALLAHABAD
SANGEETA CHANDRA, J.
Smt. Surya Lekha Verma – Appellant
Versus
State Of U.P. And Others – Respondents
Writ A No.8481 of 2022
Decided on : 27-09-2022
Pension - Harassment - IPC 477-A, 147, 148, 323, 506, 341, 342, 352, 435 - The court found unnecessary and undue harassment of the petitioner at the hands of the respondents. The writ petition was allowed for the release of Provident Fund, Group Insurance, and Regular Pension. The court directed the respondents to make admissible all leave that is admissible to a teacher in a Government School after rendering 25 years of service and to regularize her absence. The petitioner was also entitled to interest on all her dues withheld by the respondents and costs of Rs.2,00,000.
Fact of the Case:
The petitioner, a retired teacher, filed a writ petition seeking direction to the respondents to pay her pension, gratuity, provident fund, and salary along with interest. The petitioner alleged harassment and delay in the release of her post-retiral benefits.
Finding of the Court:
The court found unnecessary and undue harassment of the petitioner at the hands of the respondents. The writ petition was allowed for the release of Provident Fund, Group Insurance, and Regular Pension. The court directed the respondents to make admissible all leave that is admissible to a teacher in a Government School after rendering 25 years of service and to regularize her absence. The petitioner was also entitled to interest on all her dues withheld by the respondents and costs of Rs.2,00,000.
Issues: Delay in release of post-retiral benefits, harassment of the petitioner, entitlement to leave and regularization of absence, entitlement to interest and costs.
Ratio Decidendi: The court found that the petitioner was unnecessarily harassed and directed the respondents to release her post-retiral benefits and make admissible all leave that is admissible to a teacher in a Government School after rendering 25 years of service. The petitioner was also entitled to interest on all her dues withheld by the respondents and costs of Rs.2,00,000.
Final Decision: The writ petition was allowed for the release of Provident Fund, Group Insurance, and Regular Pension. The court directed the respondents to make admissible all leave that is admissible to a teacher in a Government School after rendering 25 years of service and to regularize her absence. The petitioner was also entitled to interest on all her dues withheld by the respondents and costs of Rs.2,00,000.
JUDGMENT :
1. Heard Sri Arvind Srivastava, learned counsel appearing for the petitioner and Sri R.B. Yadav, learned counsel who appears on behalf of the respondent nos.5 and 6.
2. This writ petition has been filed for a direction to be issued to the respondents to pay the pension and other post retiral benefits such as Gratuity, Provident Fund, salary of the petitioner from 08.09.2010 to 31.03.2017 and fix the pension of the petitioner on the basis of pay scale to which the petitioner is entitled to get on 31.03.2017 along with interest of 12% per annum calculated on the quarterly compound basis on all outstanding dues.
3. It is the case of the petitioner that she was initially appointed as Assistant Teacher on 29.03.1985 in Junior High School, Midhakur-II, Block Bichpuri, Agra and she was given promotional pay scale after a lapse of ten years on 27.05.1995. She was promoted on 12.07.2007 as Head Mistress in Junior High School, Midhakur where she was working as Assistant Teacher. She joined as Head Mistress on 17.07.2007 and continued to work as such. It so happened that one Assistant Teacher, Abha Jain stopped coming to the institution since 15.01.2009. She had influence over the office of the Basic Shiksha Adhikari and the office of the Basic Shiksha Adhikari pressurized the petitioner to mark her attendance so that her salary bill may be prepared accordingly. When the petitioner did not oblige, she was transferred on 08.09.2010 from Junior High School, Midhakur to Anguthi in the same Block Bichpuri in District Agra. In the transfer order dated 08.09.2010, reference was made to some report submitted by the Assistant Basic Shiksha Adhikari with regard to the petitioner being an ill-tempered employee prone to making false allegations. It has been submitted by learned counsel for the petitioner on the basis of averment made on oath in the writ petition that on 09.09.2010 i.e. only a day after, the petitioner was transferred, the Assistant Basic Shiksha Adhikari came to the Junior High School at Midhakur so that he could serve the transfer order personally on the petitioner and ensure her releiving. On the very same day i.e. 09.09.2010, several teachers of the institution barged into the petitioner's office and beat her up and her office was set on fire and all the registers were burnt down and the room was locked from the outside due to which the petitioner out of suffocation, lost her consciousness. She was rushed to hospital. The petitioner remained in hospital for a long time. In the meantime, the daughter of the petitioner complained to the Basic Shiksha Adhikari regarding the aforesaid incident. Then the Assistant Basic Siksha Adhikari to save himself alleged that the petitioner had locked herself up on her own and set the registers on fire in order to avoid receiving the transfer order dated 08.09.2010 which was sought to be served upon her personally by the Assistant Basic Shiksha Adhikari, Bichpuri. The respondents also lodged FIR against the petitioner on 11.09.2010 on false allegations under Section 477-A IPC in Case Crime No.321 of 2010. The petitioner was enlarged on bail.
4. The petitioner remained under medical treatment however, and was able to lodge FIR only on 11.11.2010 in Case Crime No.321A of 2010 under Sections 147, 148, 323, 506, 341, 342, 352, 435, 477-A IPC at Police Station Malpura, District Agra but a final report was submitted by the Investigating Officer which is still under consideration before the Trial Court. The petitioner has repeatedly sent applications for sanctioning of medical leave and also for permitting her to join, after recovering her health and fitness certificate being given by the doctors on 29.08.2011. Details of the applications made by the petitioners from September, 2011 till 08.05.2015, have been mentioned in paragraph 13 to 15 of the writ petition. She was ultimately issued joining order on 07.05.2015 which was only served upon her on 20.05.2015 asking her to join within three days
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