Anil Kumar vs State Of U.P. And 5 Others
2021 Latest Caselaw 4779 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 30
 

 
Case :- WRIT - A No. - 5262 of 2021
 

 
Petitioner :- Anil Kumar
 
Respondent :- State Of U.P. And 5 Others
 
Counsel for Petitioner :- Vinod Kumar Upadhyay,Santosh Kumar Upadhyay
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Manish Kumar,J.

Heard Sri Vinod Kumar Upadhyay, learned counsel for the petitioner and learned Standing Counsel appearing for the State respondents.

Grievance of the petitioner is that he has been granted appointment in pursuance to the selection proceeding initiated under the notification issued on 28.3.2005 by the State Government. The petitioner claims that the controversy in regard to applicability of the old pension scheme has already been decided vide judgment and order dated 19.12.2019 passed in Writ-A No.55606 of 2008 [Mahesh Narayan and others v. State of U.P. and others].

Learned counsel for the petitioner submits that claim of the petitioner is fully covered under the judgment and order dated 19.12.2019 passed in Writ-A No.55606 of 2008. It is further submitted that in case direction is issued to respondent no.3 for consideration of claim of the petitioner for the grant of old pension scheme in the light of the judgment and order referred hereinabove, justice would be met.

Learned Standing Counsel does not dispute that the controversy in regard to applicability of old pension scheme has been decided vide judgment and order dated 19.12.2019. He submits that in case the claim of the petitioner is covered under the said judgment and order, appropriate order shall be passed by the authorities within a reasonable period.

In view of the judgment and order dated 19.12.2019 whereby the controversy in regard to applicability of old pension scheme has been decided, no useful purpose would be served in keeping this writ petition pending before this Court.

Accordingly, without entering into the merits of the case, this writ petition is finally disposed of with a direction to respondent no. 3 [Director of Education, Secondary, U.P., Lucknow] to consider the claim of the petitioner in the light of the judgment and order passed on 19.12.2019 in Writ-A No.55606 of 2008 [Mahesh Narayan and others v. State of U.P. and others] and to pass an appropriate, reasoned and speaking order within a period of six weeks from the date of production of a certified copy of this order.

Order Date :- 26.3.2021

AKS