Sunita Kumari vs State Of U.P. And 3 Others
2021 Latest Caselaw 3357 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 32
 

 
Case :- WRIT - A No. - 3050 of 2021
 

 
Petitioner :- Sunita Kumari
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Siya Ram Verma,Deepak Kumar Verma
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Ajit Kumar,J.

Heard learned counsel for the parties.

By means of this petition under Article 226 of the Constitution of India, the petitioner has prayed for a writ of mandamus to respondent no.3 to grant her benefit of old pension scheme from the date of her appointment and thereby deduction of GPF amount accordingly.

It is also claimed that the petitioner has made several representations in this regard. It is further submitted that pursuant to an advertisement no.1 published on 11.10.2002 she had applied for selection and appointment and was finally selected and appointed on 30.7.2004 and 5.10.2004, respectively. The joining was given to the petitioner only on 14.6.2005 and it is just because of the joining being delayed that the petitioner could not be offered benefit of the old pension scheme which came to be rescinded w.e.f. 1.4.2005. It is argued that this controversy of confering benefit of the old pension scheme is no more res integra in view of the judgment of this Court dated 19.12.2019 passed in the case of Mahesh Narayan and others vs. State of U.P. and others in Writ A No.55606 of 2004 and therefore the claim of the petitioner now can be examined in the light of the ratio laid down in the said judgment.

Learned Standing Counsel submits that he has no objection if the matter is remitted to the authority concerned to decide the claim of the petitioner for benefit of old pension scheme in the light of the aforesaid judgment, strictly in accordance with law, within a stipulated period of time.

In view of the above, this writ petition is disposed of with the direction that the petitioner's claim may be considered in view of the legal position discussed Writ A No.55606 of 2004(supra) if it is applicable to the case of the petitioner also considering the facts and circumstances and setting of facts of this case, within a period of two months from the date of production of copy of this order.

Order available on the official website of the High Court shall be treated as genuine one.

Order Date :- 12.3.2021

Deepika