Dr. Shankar Dutt Tiwari vs State Of U.P. Thru Prin.Secy. ...
2019 Latest Caselaw 6610 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 17
 

 
Case :- SERVICE SINGLE No. - 20872 of 2019
 
Petitioner :- Dr. Shankar Dutt Tiwari
 
Respondent :- State Of U.P. Thru Prin.Secy. Finance Lucknow And Ors.
 
Counsel for Petitioner :- Amitabh Pratap Singh
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Manish Mathur,J.

Heard Sri Amitabh Pratap Singh, learned counsel for the petitioner and the learned State counsel appearing on behalf of the opposite parties.

The petitioner is seeking a direction to the opposite parties to comply with the office memorandum dated 22.04.2019 passed by the Additional Chief Secretary, Higher Education in pursuance of the order dated 11.01.2019 passed in Writ Petition No. 826 (S/S) of 2019. The learned counsel for the petitioner submits that he superannuated on 30.06.2001 from the post of Principal, Government Degree College, Faizabad and thereafter filed Writ Petition No. 826 (S/S) of 2019 when his pensionary benefits were not revised in terms of the Government Order dated 08.12.2008 as also subsequently vide order dated 09.07.2010. This Court vide order dated 11.01.2019 directed the State Government to decide the representation of the petitioner in the light of the judgment and order dated 14.11.2017 passed in Writ Petition No. 61152 of 2015 (V. P. Jaiswal & others vs. State of U.P. & others).

In pursuance of the directions of this Court, the State Government vide order dated 22.04.2019 granted the same benefits to the petitioners as were admissible to the petitioners in the case of V.P. Jaiswal (supra). However despite the same, actual benefits have not been made available to the petitioner on account of jurisdictional tussle between the Treasury Officer and the Director, Pension Directorate of Pensions, Lucknow as is evident from the letters dated 24.06.2019 and 08.07.2019. The learned counsel for the petitioner submits that the petitioner is unnecessarily being harassed on account of the aforesaid fact.

Looking to the aforesaid situation, the petitioner is granted liberty to file a fresh representation before the opposite party no.1, i.e. the Principal Secretary, Finance, Lucknow indicating the aforesaid facts and annexing the orders dated 24.06.2019 and 08.07.2019 passed by the Treasury Officer and the Deputy Director Pensions respectively. In case such a representation is filed, the opposite party no.1, i.e. the Principal Secretary, Finance, Lucknow is directed to ensure the payment of actual benefits of revised pension to the petitioner in terms of the order dated 22.04.2019. The aforesaid exercise including the payment of actual benefits to the petitioner shall be completed within a period of six weeks from the date a copy of this order is produced before the said opposite party.

In view of the aforesaid observations, the writ petition stands disposed of.

Order Date :- 1.8.2019

Ashok Gupta