Allahabad High Court
Yash Karan Lal Verma vs State Of U.P. Thru. Addl. Chief ... on 25 August, 2022
Bench: Attau Rahman Masoodi
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 4
Case :- WRIT - A No. - 5335 of 2022
Petitioner :- Yash Karan Lal Verma
Respondent :- State Of U.P. Thru. Addl. Chief Secy. Secondary Education And 4 Others
Counsel for Petitioner :- Krishna Madhav Shukla,Umesh Chandra Shukla
Counsel for Respondent :- C.S.C.
Hon'ble Attau Rahman Masoodi,J.
Sri Shashi Bhushan Shukla, learned counsel has filed vakalatnama on behalf of opposite party no. 5 which is taken on record.
Sri Krishna Madhav Shukla, Advocate and learned Standing Counsel on behalf of respondent nos. 1 to 4 as well as Sri Shashi Bhushan Shukla, Advocate on behalf of respondent no. 5.
Learned counsel for the petitioner has prayed that the opposite parties no. 1 to 4 be commanded to permit the committee of management, Adarsh Janta Uchchtar Madhyamik Vidyalaya, Devkali, Lakhimpur Kheri to deposit the contributory provident fund amount (C.P.F. amount) of the petitioner for the purpose the services rendered by the petitioner prior to college was taken under grant in aid list may be counted for the pensionary benefit. Learned counsel for the petitioner has submitted that the issue in question has finally been settled by this Court in re: Buddhi Ram vs. State of U.P. & others passed Civil Misc. Writ Petition No. 45217(M/S) of 2012 and other connected writ petitions whereby, vide judgment and order dated 26.9.2012 this Court has been pleased to permit the petitioners to deposit contribution with interest. The operative portion of the aforesaid judgment is being reproduced herein below:
"In view of this, qua incumbents who have been appointed in the said institution and said institution in question has been included in the grant-in-aid list of the State Government prior to 01.04.2005 qua them last opportunity be given by the State Government for enabling them to deposit managerial contribution alongwith with interest and thereafter whatever benefit of the aforesaid old scheme is liable to be extended, the same be extended to said category of incumbents. In respect of institution who have been included in the grant-in-aid list after 01.04.2005 the incumbents working therein their claim would be governed under new pension scheme.
In view of aforesaid discussion, Civil Misc. Writ Petition No. 45217 of 2012; 45229 of 2012 are dismissed. Civil Misc. Writ Petition No. 47649 of 2012 and Civil Misc. Writ Petition No. 44742 of 2012 are allowed. Civil Misc. Writ Petition No. 55778 of 2010 and Civil Misc. Writ Petition No. 47000 of 2010 are dismissed.
Petitioners' whose writ petition has been allowed are permitted to deposit contribution with interest within two months from today, and in the event of deposit being made, then benefit of Government Order be extended to them, subject of fulfillment of other terms and condition. No orders as to cost."
The learned counsel for the petitioner invited attention of this Court in regard to an order passed in identical matter in Writ Petition No. 16940 of 2018; Rajendra Bahadur Singh vs. State of U.P. Thru. Secy. Secondary Edu. And Ors.
Learned counsel for the opposite parties has submitted that the issue in question is covered with the decision of this Court in re: Buddhi Ram (supra). Therefore, this writ petition is decided in terms of the judgment and order dated 26.9.2012 passed in re: Buddhi Ram (supra) and the direction is issued to the opposite party no. 5 to deposit its share first and as soon as the share of the opposite party no. 5 is deposited, the State Government shall extend its contribution / share without committing any delay.
In view of the aforesaid directions, the writ petition is disposed of finally.
Order Date :- 25.8.2022
Shahnaz
