Papil Kumar Karnwal vs State Of U.P. And 4 Others
2022 Latest Caselaw 9042 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 37
 

 
Case :- WRIT - A No. - 10826 of 2022
 

 
Petitioner :- Papil Kumar Karnwal
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Petitioner :- Raghvendra Pratap Singh,Man Bahadur Singh
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Manish Mathur,J.

Heard learned counsel for the petitioner and learned State Counsel for respondents 1 to 4. Notices to respondent no.5 stand dispensed with.

Petition has been filed seeking quashing of Pension Payment Order dated 18.04.2022 whereby petitioner's pension has been fixed at Rs.40,200/-. A further prayer for a direction to respondent to determine pension of petitioner on the basis of last-pay drawn on the post of officiating Principal and for payment along with arrears has also been made.

Learned counsel for petitioner submits that petitioner superannuated on 31.03.2022 from the post of Officiating Principal of the Jawahar Higher Secondary School, Gurdwara Road, Saharanpur and his last-pay drawn for the said post is indicated in the certificate dated 26.05.2022 as Rs.82,400/-. As such it is submitted that pension has been wrongly indicated in the Pension Payment Order. Learned counsel for petitioner relies upon the judgments rendered by this Court in Surendra Prasad Agnihotri v. State of Uttar Pradesh, Laws (All) 2010, 1 80, Surendra Prasad Agnihotri v. State of Uttar Pradesh, Laws (All), 2010, 5 1 and Pushkar Singh Verma v. District Inspector of Schools, Meerut, Laws (All) 1999 78, wherein it has been held that officiating principal shall be entitled to pension on basis of salary of the principal.

For the said grievance, petitioner is said to have already submitted representation but seeks liberty to file a fresh representation.

Learned counsel for petitioner at present restricts his prayer for a decision with regard to same.

Considering the innocuous prayer, without adverting to merits of the case, liberty is granted to petitioner to make fresh representation before respondent No.2 i.e. Director (Secondary Education) U.P., Lucknow. In case such a representation is filed, the same is required to be decided expeditiously by a reasoned and speaking order in the light of the aforesaid judgments, in case the same are applicable upon the petitioner, within a period of six weeks from the date a copy of this order along with fresh representation is produced before the said authority.

With aforesaid observations and directions, the petition is finally disposed of.

Order Date :- 3.8.2022

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