Narendra Prasad Srivastava vs The Committee of Management, Jaycees Public School and Another

Sudhanshu Dhulia, J.—Earlier this matter was taken up on 4.8.2010, but since neither respondent No. 1 nor respondent No. 2 was being represented, the matter was adjourned for today i.e. 5.8.2010 to be listed in the daily cause list.

Case called out twice. None appears for respondent No. 1 as well as for respondent No. 2.

Heard learned Counsel for the petitioner.

The grievance of the petitioner in the present writ petition is that he was appointed as a Teacher in the �Jaycees Public School, Kalyani View, Rudrapur, District Udham Singh Nagar� in the year 1990 and thereafter in the year 1997, his services were terminated. He was hence constrained to file the present Writ Petition before this Court for arrears of his salary, gratuity, provident fund and the amount deducted from his salary towards pension.

In the counter affidavit filed by the Jayacees Public School it has been stated that the petitioner left the institution in haste and therefore, did not collect the dues of his salary. So far as the arrears of salary is concerned, it has been admitted in the counter affidavit that the cheques are ready and the petitioner may collect them. Therefore to that extent, the claim of the petitioner stands admitted. As regarding the provident fund, it has been stated in the counter affidavit that the provident fund is to be paid by the office of Provident Fund Commissioner, Haldwani and in case the petitioner makes an application to the School Authorities regarding claim of the provident fund, his claim will be forwarded to the Provident Fund Commissioner. This being the reply of the School before this Court, this matter is disposed of with the following order:

The petitioner shall make a representation to the Manager of the Management Committee, Jaycees Public School, Kalyani View, Rudrapur, District Udham Singh Nagar within a period of one month from today along with a certified copy of this order. As far as the arrears of salary is concerned, the same shall be given to the petitioner forthwith and the claim of the petitioner regarding provident fund shall be forwarded to the Provident Fund Commissioner, as is being admitted by the respondents in the counter affidavit. In case the petitioner is legally entitled to any other dues such as gratuity deduction of his pension, etc., the petitioner may make such a claim along with the same representation, which shall be disposed of by respondent No. 1 with a speaking order. In case the petitioner is legally entitled for any dues as is being claimed, the same shall be paid to him forthwith.

With the aforesaid directions, the instant Writ Petition is disposed of. No order as to costs.