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2025 DAILYLAW 77451 (ALL)

HARIOM SINGH v. STATE OF U.P. AND 4 OTHERS

WRIA/10136/2025 · 2025-08-20

Mayur Jain Jt Registrar J Listing

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Judgment text

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Neutral Citation No. - 2025:AHC:144287 Court No. - 32 Case :- WRIT - A No. - 10136 of 2025 Petitioner :- Hariom Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Adarsh Singh,Indra Raj Singh Counsel for Respondent :- C.S.C. Hon'ble Chandra Dhari Singh,J. 1. The present petition has been filed praying for the following reliefs :- "(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 09.07.2025 passed by the respondent no. 4 Finance and Account Officer (Secondary Education) Mathura (Annexure no. 1 to this writ petition). (ii) Issue a writ, order or direction in the nature of mandamus commanding the respondent no. 3 Deputy Director of Education (Secondary Education), Agra to accept the remaining contribution of the petitioner towards General Provident Fund (G.P.F.) Account No. 40/25 for the period 01.02.2003 till 31.07.2010 and further sanction retiral dues of the petitioner including G.P.F., Gratuity, Pension and Commutation of Pension etc. after accepting the contribution of the petitioner, within stipulated period, as may be fixed by this Hon'ble Court." 2. Learned counsel for the petitioner submitted that after attaining the age of superannuation, the petitioner retired from service on 31.03.2025. He submitted that the contributions from salary of the petitioner towards G.P.F. have not been deducted from 01.02.2003 to 31.07.2010 on account of which his GPF as well as other retiral dues are being affected. He has also submitted that without any fault of the petitioner, contribution from his salary was not deducted for certain period as stated above for purpose of GPF and it is mistake committed on behalf of the State authorities. He has further submitted that the impugned order has been passed on the basis of Rule 7 of the General Provident Fund U.P. Rules, 1985. The said provision is not applicable in the case of the petitioner as he is not demanding the deduction for the last six months but he is requesting to accept the contribution which had remained undeducted for the period 01.02.2003 till 31.07.2010. He has also relied upon the judgment passed by co-ordinate bench of this Court in Writ-A No. 20330 of 2019 and prayed that the respondent no. 3 may be directed to pass a fresh order after considering the order passed by the co-ordinate bench of this Court. In para 15 of the writ petition, it is stated that the petitioner is ready to deposit the entire deduction amount for the purpose of GPF with interest. 3. Learned counsel for the petitioner submitted that in view of the above facts and circumstances, the petitioner may be allowed to represent his case before the respondent no. 3 and the respondent no. 3 may be directed to pass a fresh order after considering the order dated 06.01.2020 passed by the co- ordinate bench in Writ-A No. 20330 of 2019 and the undertaking as stated above. 4. Learned counsel for the State opposed the writ petition on merits, but not objected the prayer made by learned counsel appearing on behalf of the petitioner. 5. Taking into consideration of the submissions made by learned counsel for the petitioner and no objection made on behalf of the respondents, I am inclined to allow the prayer made by learned counsel appearing on behalf of the petitioner. Learned counsel appearing on behalf of the petitioner is directed to file a detailed representation along with certified copy of this order before respondent no.3 within 10 days from the date of production of certified copy of this order. After receiving the said representation, respondent no.3 is directed to pass an appropriate order on the said representation in accordance with law, expeditiously, preferably within a period of eight weeks from the date of receiving of the said representation, after giving opportunity of hearing to the petitioner in light of the order dated 06.01.2020 passed by the co-ordinate bench in Writ-A No. 20330 of 2019 and also after considering undertaking which has been given by the petitioner without influence from earlier order passed by this Court. 6. With the aforesaid directions/observations, the present writ petition is disposed of. Order Date :- 21.8.2025 Pratima (Chandra Dhari Singh,J.) Digitally signed by :- PRATIMA AGRAHARI High Court of Judicature at Allahabad