प्रतापगढ़ : विशिष्ट बीटीसी 2004 बैच की जीपीएफ कटौती निर्विवाद रूप से जारी रखने हेतु माननीय उच्च न्यायालय इलाहाबाद ने दिया आदेश।
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 19
Case :- WRIT - A No. - 62082 of 2017
Petitioner :- Anant Pal Singh And Anr.
Respondent :- State Of U.P. And 17 Ors.
Counsel for Petitioner :- Shantanu Khare,Ashok Khare
Counsel for Respondent :- C.S.C.,Ashok Kumar Yadav
Hon'ble Suneet Kumar,J.
Four weeks' time is allowed to all the respondents to file counter affidavit. Rejoinder affidavit, if any, may be filed within two weeks thereafter.
Learned counsel for the petitioner would submit that in a petition being Writ-A No. 57686 of 2015 (Vishisht B.T.C. Shikshak Welfare Association and others Versus State of U.P. and others), an interim order is operative. The relevant portion is extracted:
"It is provided that the respondents shall make necessary deductions from the salary of the petitioners towards the G.P.F. fund which shall be subject to the final out come of the writ petition."
The matter is fixed for 5 January 2018.
Learned Senior Counsel appearing for the petitioner would submit that in compliance of the interim order� the fifth respondent, Basic Shiksha Adhikari, Pratapgarh, by communication dated 30 October 2017, directed the sixth respondent, Finance & Accounts Officer, Office of Basic Shiksha Adhikari, Pratapgarh, to comply the order. Pursuant thereof, sum towards G.P.F. fund was being deducted. Thereafter, by the impugned order dated 30 November 2017, passed by the fifth respondent, deductions have been kept in abeyance for the reason that an opinion has been sought from the fourth respondent, Finance Controller, Board of Basic Education, U.P., Allahabad.
Learned Standing Counsel, therefore, would urge that the fourth respondent cannot sit in appeal over the interim order passed by the Court.
Submission requires consideration.
Till the next date of listing, the effect and operation of the impugned communication dated 30 November 2017, passed by the fifth respondent, Basic Shiksha Adhikari, Pratapgarh, shall be kept in abeyance to the extent it seeks to withhold deductions to the G.P.F. fund. The deductions as directed by the Court shall continue which shall abide by the final decision of the writ petition.
Order Date :- 21.12.2017
K.K. Maurya
