JAGDISH NARAYAN AGNIHOTRIversusSTATE OF U.P. AND 2 OTHERS

         HIGH COURT OF JUDICATURE AT ALLAHABAD

                       WRIT - A No. - 4188 of 2026

Jagdish Narayan Agnihotri
                                                               .....Petitioner(s)
                                   Versus
State Of U.P. And 2 Others
                                                            .....Respondent(s)

Counsel for Petitioner(s)            :   Ajay Mishra, Ritesh Kumar
Counsel for Respondent(s)            :   C.S.C., Kaushlesh Pratap Singh

Court No. - 52
             HON'BLE MRS. MANJU RANI CHAUHAN, J.

Heard Mr. Krishna Kant Pandey holding brief of Mr. Ajay Mishra learned
counsel for the petitioner, learned Standing Counsel for the State, and Mr.
Mohit Dixit holding brief of Mr. Kaushlesh Pratap Singh, learned Advocate,
who has put in appearance on behalf of Respondent Nos. 2 & 3.

The order-sheet reveals that on earlier occasion, at the request of learned
counsel for the petitioner time was granted to file rejoinder affidavit.
However, no rejoinder affidavit has yet been filed by the petitioner.

The present writ petition has been filed by the petitioner with a prayer to
direct respondent no. 3 to release the amount of Rs. 2,26,616/- along with
18% interest within a stipulated period.

Learned counsel for the petitioner submits that the petitioner retired from the
post of Headmaster in Shri Shankar Junior High School, Sirsani, Auraiya on
30.06.2007. After his retirement, gratuity amount of Rs. 3,33,314/- became
due. The petitioner moved a representation before the authority concerned
for release of the aforesaid gratuity amount, and when nothing was done, the
petitioner preferred a writ petition being Civil Misc. Writ Petition No. 13598
of 2025, wherein a Coordinate Bench of this Court vide order dated
06.10.2025 issued a direction to the authority concerned to decide the
representation of the petitioner in accordance with law. In the meantime, an
amount of Rs. 1,07,098/- has been received by the petitioner, therefore, for
the remaining amount, the petitioner moved a representation before the
District Basic Education Officer, Auraiya, but nothing has been done till
date, therefore, a direction may be issued to the respondent no. 3 to pay the
                                                                                              WRIA No. 4188 of 2026
                                                                    2


                                    remaining amount, i.e., Rs. 2,26,616/-, along with interest.

                                    Instructions were called, which have been placed before this Court by means
                                    of an affidavit, wherein it has been stated that the petitioner was initially
                                    appointed as Assistant Teacher in the institution in question on 01.07.1970.
                                    Amount of G.P.F. was deducted from the month of December, 1999 to
                                    December, 2006 by the then Finance and Accounts Officer. The institution
                                    in question is a government-aided Junior High School and is governed under
                                    the provisions of the U.P. Basic Education Salary Distribution Act, 1978. In
                                    compliance of the directions issued by this Court passed in Writ Petition No.
                                    60729 of 2014, C/M Shri Shankar Junior High School & Anr. vs. State of
                                    U.P. & Ors., an office letter dated 03.01.2025 was issued, accepting the date
                                    of retirement of the petitioner as 30.06.2001 as per the High School
                                    certificate of the petitioner. However, the petitioner misled the department
                                    and continued in service up to 30.06.2007. It is further mentioned that
                                    considering the date of retirement of the petitioner as 30.06.2001, the GPF
                                    deducted from his salary till December, 2006 has been paid along with
                                    interest up to the date of his retirement. Accordingly, amounts of Rs. 9,436/-
                                    and Rs. 1,07,098/- have already been paid to the petitioner. Therefore, the
                                    petitioner is not entitled to any further payment and nothing remains due
                                    from the department, taking his actual date of retirement as 30.06.2001 as
                                    per the date of birth mentioned in the High School certificate.

                                    Wrong continuance of the petitioner in service by misleading the authorities
                                    would not make the petitioner entitled to any other payment.

                                    Accordingly, the writ petition is dismissed.

                                    No order as to costs.

                                    May 5, 2026
                                    DS
                                                                                   (Mrs. Manju Rani Chauhan,J.)




Digitally signed by :-
DIGAMBER SINGH
High Court of Judicature at Allahabad