HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 4188 of 2026 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 Versus Counsel for Petitioner(s) : Ajay Mishra, Ritesh Kumar Counsel for Respondent(s) : C.S.C., Kaushlesh Pratap Singh Jagdish Narayan Agnihotri .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) 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 WRIA No. 4188 of 2026 2 (Mrs. Manju Rani Chauhan,J.) Digitally signed by :- DIGAMBER SINGH High Court of Judicature at Allahabad