Allahabad High Court
Pooran Singh And 4 Others vs State Of U.P. And 6 Others on 9 December, 2022
Bench: Vikram D. Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 32
Case :- WRIT - A No. - 40655 of 2017
Petitioner :- Pooran Singh And 4 Others
Respondent :- State Of U.P. And 6 Others
Counsel for Petitioner :- Santosh Kumar Singh
Counsel for Respondent :- C.S.C.
Hon'ble Vikram D. Chauhan,J.
Heard learned counsel for petitioners and learned Standing Counsel for the State.
"I. Issue a writ, order or direction in the nature of Certiorari quashing the impugned order dated 30.05.2017 (contained Annexure No.11 to the writ petition) passed by respondent no.2 as well as consequential order dated 18.08.2017 (contained Annexure No.12 to the writ petition) passed by respondent no.3.
II. Issue a writ, order or direction in the nature of Mandamus commanding and directing the respondents to pay the arrears of amended monthly pension as well as other financial retiral benefit after calculating since their retirement treating L.T. Grade Teachers since 01.01.1986."
It is submitted by learned counsel for petitioners that petitioners have retired from the post of Assistant Teacher in different recognized Intermediate Education. By impugned order, the pension of petitioners has been reduced on the ground that benefit of C.T. grade was to be given in the year 1988 whereas petitioners had already been granted C.T. grade in the year 1986. It is submitted that aforesaid controversy has already been decided by this Court by judgment dated 19.4.2004 passed in Writ Petition No.7392 of 2004 (Pooran Singh and another Vs. State of U.P. and others). The relevant portion of the aforesaid judgment is quoted hereinbelow:-
"For the aforesaid reasons, I find that the impugned order by which L.T. grade has been shifted from 1.1.1986 to 1.1.1989 is held to be incorrect. The petitioner was rightly given L.T. grade w.e.f 1.1.1986. The writ petition is consequently allowed. The impugned order dated 27.1.2002 is set aside. The petitioner will be treated to L.T. grade teacher with effect from 1.1.1986 and all the financial benefits and other benefits including selections grade w.e.f 1.1.1986 and seniority shall be restored. The consequential order shall be passed with three months from the date of production of certified copy of this order before him."
It is submitted that once this Court has already determined the controversy in the aforesaid judgment then respondents are not permitted under law to review the case. It is submitted that reduction of pension of petitioners by impugned order is in teeth of earlier judgment of this Court dated 19.4.2004.
Learned Standing Counsel does not dispute the fact that the controversy in the impugned order is covered by the judgment of this Court dated 19.4.2004. Further learned Standing Counsel does not dispute the controversy in the present case has already been decided by this Court in Writ-A No.60932 of 2013 (Khetpal Singh Vs. State of U.P. and 3 others) by order dated 21.9.2015.
Considering the facts and circumstances of the case and in view of the law laid down by this Court in Writ Petition No.7392 of 2004 (Pooran Singh and another Vs. State of U.P. and others) as well as submission of learned counsel for the parties, the impugned order dated 30.05.2017 passed by respondent No.2 and consequential order dated 18.08.2017 passed by respondent No.3 are set aside. Respondents are directed to restore the retiral benefits of petitioners as existed prior to passing of impugned order.
The writ petition is, allowed, accordingly.
Order Date :- 9.12.2022
D. Tamang
