Rajbeer Singh & Ors. vs State Of ...
2021 Latest Caselaw 609 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 21
 

 
Case :- SERVICE SINGLE No. - 482 of 2021
 

 
Petitioner :- Rajbeer Singh & Ors.
 
Respondent :- State Of U.P.Thru.Prin.Secy.Basic Education & Ors.
 
Counsel for Petitioner :- Mewa Ram Satyarihi
 
Counsel for Respondent :- C.S.C.,Ajay Kumar
 

 
Hon'ble Manish Kumar,J.

Heard learned counsel for the petitioners, learned State Counsel for the respondent no. 1 and 2 as well as Shri Ajay Kumar, learned counsel appearing for the respondent nos. 3 and 4.

The present writ petition has been preferred to direct the respondents to extend the benefit of Seventh Pay Commission w.e.f. 01.01.2016 to 31.03.2016 and to revise their pension accordingly.

The learned counsel for the petitioners has submitted that some of the petitioners have retired from the post of Head Master while some of them were retired from the post of Assistant Teachers from Junior High School after getting the benefit of continuance in service till the end of academic session 2015-16.

It is further contended that the same controversies have been decided in several writ petitions and the special appeals wherein, it has been held that teachers are entitled for salary of the entire period till the end of academic session to which they are entitled to continue. Further, the matter has attained finality by the judgment and order dated 03.07.2018 rendered by the Hon'ble Supreme Court in the case of the State of Uttar Prades & Ors Vs. Babadin Yadav ( Special Leave to Appeal (C) No. 26614 of 2017).

It has further been submitted that the petitioners have made several representations before the respondent no. 3 i.e. the Basic Siksha Adhikari, Hardoi on different dates i.e. 11.08.2020, 19.10.2020, 19.10.2020, 19.10.2020, 04.09.2020, 19.10.2020, 19.10.2020, 03.09.2020, 16.12.2020 and 16.12.2020 but till date no decision has been taken thereon.

Learned Counsel for the petitioners, at this stage has confined his prayer to the extent that the respondent no. 3 may be directed to decide the representations of the petitioners at the earliest.

Without entering into the merit of the case and with the consent of the parties, the present writ petition is disposed off with a direction to the respondent no. 3 to decide the representations of the petitioners made on 11.08.2020, 19.10.2020, 19.10.2020, 19.10.2020, 04.09.2020, 19.10.2020, 19.10.2020, 03.09.2020, 16.12.2020 and 16.12.2020 within a period of two months from the date of receipt of copy of this order downloaded from the official website of this Court.

Order Date :- 11.1.2021

Ashish