Dr. Hridaya Nath Tripathi S/O Late ... vs State Of U.P. And Others
2015 Latest Caselaw 1328 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 9
 

 
Case :- WRIT - A No. - 46760 of 2011
 

 
Petitioner :- Dr. Hridaya Nath Tripathi S/O Late Laxman
 
Respondent :- State Of U.P. And Others
 
Counsel for Petitioner :- Durga Tiwari,R.P.Dubey
 
Counsel for Respondent :- C.S.C.,B.D.Pandey,R.B. Mishra,Sunita Agrawal
 

 
Hon'ble Arun Tandon,J.

Hon'ble Ashwani Kumar Mishra,J.

Heard learned counsel for the petitioner and learned counsel for the respondents.

The petitioner before this Court was employed as a faculty member in National P.G. College Bahalganj, District  Gorakhpur, an institution affiliated to Deen Dayal Upadhyaya Gorakhpur University, Gorakhpur. The petitioner retired on attaining the age of superannuation on 30.6.2010. The petitioner has come up before this Court with a prayer that he may be provided gratuity, leave encashment and increment in terms of the recommendation of the University Grants Commission as contained in the letter dated 30.6.2010. Reference has also been made to the letter of the State Government dated 31.12.2010 requiring the concerned University to make necessary amendments in the first statutes in confirmity with the recommendations of the University Grants Commission. 

Counter affidavit has been filed by the State-respondents and it is stated that in terms of the provision of Section 33 of the U.P.State Universities Act, 1973, the State Government has framed a scheme for the purposes of payment of pension and provident fund etc. for the faculty members of the affiliated degree colleges and it has been provided that the teachers, who retire after taking benefit of extension of service beyond 60 years i.e. at the age of 62 years, they shall not be entitled to the benefit of gratuity. Petitioner has retired on attaining the age of 62 years and, therefore, he has no right to claim gratuity.

Learned counsel for the petitioner however, submits that the petitioner is entitled to the other benefits, which flow from the recommendation of the University Grants Commission, for which directions were issued by the State Government to the University concerned to make corresponding amendments in its Statutes and Ordinances.

We find from the records that necessary amendments  in Statute as required by the Government Order have not been made till date. We, therefore, constrain to issue a positive mandamus as prayed.

We dispose of the writ petition by permitting the petitioner to represent his grievance in the matter of monitory benefits being provided to him in terms of the aforesaid two letters before the respondent no.2 (Director of Higher Education U.P. at Allahabad) within two weeks along with a certified copy of this order. If the petitioner files his representation, respondent no.2 shall consider the same by means of a reasoned order preferably within eights weeks thereafter. All consequential actions shall be taken accordingly.

Order Date :- 17.7.2015

Ashish Pd.