Shanti Kant vs State Of U.P. And 4 Others
2021 Latest Caselaw 1555 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 38
 
Case :- WRIT - A No. - 721 of 2021
 
Petitioner :- Shanti Kant
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Petitioner :- Nikhilesh Kumar Chaudhary
 
Counsel for Respondent :- C.S.C.
 
Hon'ble Saumitra Dayal Singh,J.

At the outset, it is stated that in similar circumstances, one Ram Pragat had approached this Court in Writ-A No. 146 of 2021, that was disposed of by the following order on 12.01.2021 :

"Heard learned counsel for the petitioner. Learned Standing Counsel accepted notice on behalf of respondent nos.1 to 5.

The petitioner has preferred the present writ petition, inter alia, with the following prayer :

"(i) Issue a writ, order or direction in the nature of mandamus commanding to the respondents to direct the respondents to forthwith compute the management contribution towards contributory provident fund for the length of service rendered by the petitioner in the institution for the period during which the institution was not receiving grants-in-aid, from the State Government and to sanction and disburse the full pension and retiral benefit immediately upon deposit of such management contribution forthwith."

It is argued by learned counsel for the petitioner that controversy involved in present writ petition is squarely covered by judgment delivered by Co-ordinate Bench of this Court in Writ - A No.28679 of 2009 (Sri Krishna Prasad Yadav & others Vs. State of U.P. & others) on 29.01.2015. Copy of aforesaid judgment is appended as Annexure No.3 to the writ petition.

In view of the same, the writ petition is allowed and it is accordingly held that the petitioner shall be entitled to pension under the provisions of the Rules 1964. The management contribution required to be deposited may be so made within a period of two months and thereafter the respondents shall proceed to compute the pension of the petitioner taking into account the total length of qualifying service rendered by him and in light of the observations made hereinabove. The pension so computed and becoming liable to be paid to the petitioner from the date of superannuation will be paid within a period of two months from the date of deposit of management contribution and the arrears shall carry interest of 12 per cent per annum.

The writ petition is accordingly allowed in terms indicated above."

Petitioner is also stated to be working at the same institution namely Raghupati Pratap Janta Saraswati Laghu Madhyamik Vidyala Rudhauli Basti, District Basti.

In view of the statement made above, the present petition is also disposed of on the same terms.

Order Date :- 25.1.2021/SA