1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5342 OF 2010 1. Sangli Shahar Seva Nivrutta Prathamik Shikshak Kalyankari Va Sevabhavi Sanstha, Sangli. .. Petitioners. Vs. Sangli Miraj Kupwad Mahanagar Palika Shikshan Mandal, Sangli and ors. .. Respondents. Mr. K.S.Bapat i/b Shri Avinash Fatangare, for the petitioners. Mr N.V.Walawalkar i/b Mr G.H.Keluskar for respondent nos 1 and 2. Mr Umesh Mankapure, for respondent no.3. Mr. M.P.Thakur, AGP, for respondent nos 4 to 6. CORAM : D.B.BHOSALE & U.D.SALVI, JJ. DATED : 04/05/2011. P.C. 1. Leave to amend. Amendment to be carried out forthwith. 2. Rule. Returnable forthwith. Learned counsel appearing for the respondents waive service. By consent, rule is heard finally. 3. By this writ petition under Article 226 of the Constitution of India, the petitioner-Union is seeking direction to the respondents to release and pay the amount of provident fund with accrued interest thereon to their members forthwith. They have further prayed for payment of the amount of difference in dearness allowance payable to the members of the petitioner- union for the period of January 2002 to July 2003 with the accrued interest thereon. 4. The petitioner is an association of the retired primary teachers in Sangli district. The petitioner-union contends that their members, after retirement till this date, have not received the T 2 amount of provident fund and the interest thereon. The petitioner further contends that the amount of provident fund ought to have been paid within the time stipulated under clause 17 of the Schedule M to the Bombay Primary Education Rules, 1949 (for short, “the Rules”). The claim of the petitioner, as prayed for, has not been disputed by the respondents. Mr Walawalkar, learned senior counsel for respondent nos 1 and 2, on instructions, submitted that having regard to the present financial position of respondent no.1 – Education Board, it is not possible for them to make the payment immediately. He submitted that the funds were invested by respondent no.1- Board with Vasantdada Shetkari Sahakari Bank Ltd, and that this Bank has gone into liquidation and the liquidation proceedings are pending. 5. Under the provisions of the Bombay Primary Education Act and the Rules, it is a statutory duty of respondent nos.1 and 2 to establish provident fund in accordance with Section 193 of the Bombay Primary Education Act. In pursuance thereof, the provident fund was established and deductions from salaries of the primary teachers were made by the school-Board. Under Rule 193(4) of the Rules, the fund is required to be administered, maintained and used in accordance with the Rules prescribed in the Schedule M to the Rules. On retirement of teachers, it is mandatory to release the provident fund to the subscriber within three months from the 3 date of his retirement. Under section 21 of the Bombay Primary Education Act, for every school-board an administrative officer is the Chief Executive Officer of the Board and, therefore,it is his bounden duty to ensure that the amount of provident fund of the retired teacher is released within the stipulated time after his retirement. Insofar as this position of law is concerned, that has not been disputed by the respondents. Merely because the respondents are in financial difficulties and are not in a position to make payment of the provident fund to the retired teachers cannot be a ground to cause further delay in making payment of the provident fund. We need not enter into an issue as to how the respondents should raise the funds and what are their difficulties. We are satisfied that it is their statutory duty to release and pay the amount of provident funds to the retired teachers within three months from the date of retirement. In the circumstances, we are inclined to allow this writ petition in terms of prayer clause (a) and (b). Order accordingly. We issue directions to respondent nos.1 and 2 to ensure that payment of the provident fund is made to the retired teachers/members of the petitioner-union within three months from the date of receipt of this order. Rule is disposed of in terms of this order. No costs. (U.D.SALVI,J.) (D.B.BHOSALE,J.)