Allahabad High Court
Bhim Sen Tiwari & Ors. vs State Of U.P. Thru. Secy. Basic ... on 24 November, 2015
Bench: Devendra Kumar Arora
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 24
Case :- SERVICE SINGLE No. - 6721 of 2015
Petitioner :- Bhim Sen Tiwari & Ors.
Respondent :- State Of U.P. Thru. Secy. Basic Edu. Govt. Of U.P. & Ors.
Counsel for Petitioner :- Dharm Raj Misra
Counsel for Respondent :- C.S.C,Ajai Kumar
Hon'ble Dr. Devendra Kumar Arora,J.
Notice on behalf of opposite parties no. 1 & 2 has been accepted by learned Chief Standing Counsel and Sri Ajay Kumar, Advocate has accepted notices on behalf of opposite parties no. 3 & 4.
I have heard learned counsel for parties and perused the record.
By means of present writ petition, the petitioners pray for a writ in the nature of mandamus commanding the opposite parties no. 3 & 4 to permit them to contribute in premium of GPF amount from the date on which petitioners have completed one year's service, treating their appointment as permanent appointment.
The petitioners were appointed as Assistant Teachers under Dying in Harness Rules on 31.1.2001, 31.1.2001, 31.1.2001, 2.3.2002 & 23.8.2002 respectively. The order of appointment is Annexure No. 2 to this petition. The petitioners although have been appointed on a fix pay scale but the order of appointment itself says that they will be considered as temporary appointees. The petitioners say that according to General Provident Fund (Uttar Pradesh) (Amendment) Rules, 2005 they are entitled for benefit of G.P.F. deductions from the date of their appointments. In this regard they have drawn the attention of this Court towards Rule-4 of the said rules.
For convenience, the said Rule-4 is being quoted below:-
"4. Conditions of eligibility:-All permanent government servants and all temporary government servants, other than those appointed on contract and re-employed pensioners, whose services are likely to continue for more than a year shall subscribe to the fund from the date of joining the service:
Provided that no government servant entering service on or after April 1, 2005 shall subscribe to the fund.
Note 1.- Apprentices and probationers shall be treated as temporary government servants for the purpose of this rule."
Learned Standing counsel as well as counsel for Basic Education Officer have argued that since the petitioners have completed their training after 2005, hence their case is not covered by the said rules. According to them, cut off date has been fixed as April 1, 2005.
Learned counsel for the petitioners vehemently argued that Rule 4 is very clear about the date of joining. Rule 4 is explicit that date of joining will be the date of making subscription to the G.P.F. Argument of learned Standing counsel that only date of confirmation will give a right of G.P.F. subscription appears to be misconceived prima facie. The said Rule further clarifies that trainees as well as probationers will be considered temporary government servant for the purpose this scheme. He further argues that even if he has to be considered as a trainee then too he qualifies on April 1, 2005. In any view of the matter, the argument of the petitioner appears to be correct.
Learned counsel for the opposite parties may file counter affidavit.
Meanwhile, the opposite parties are directed to allow deduction of G.P.F. amount from the salary of the petitioners under old pension scheme.
Order Date :- 24.11.2015
Arvind
