Mahesh Babu vs Deputy Director Of Education And 3 ...
2022 Latest Caselaw 3088 ALL

Citation : 2022 Latest Caselaw 3088 ALL
Judgement Date : 16 May, 2022

Allahabad High Court

Mahesh Babu vs Deputy Director Of Education And 3 ... on 16 May, 2022

Bench: Manju Rani Chauhan




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 33
 
Case :- WRIT - A No. - 7318 of 2022
 
Petitioner :- Mahesh Babu
 
Respondent :- Deputy Director Of Education And 3 Others
 
Counsel for Petitioner :- Indra Raj Singh,Adarsh Singh
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Mrs. Manju Rani Chauhan,J.

Heard Mr. Adarsh Singh, learned counsel for the petitioners and Mr. S.C. Upadhyay, learned counsel for the State-respondents.

The present writ petition under Article 226 of the Constitution has been filed challenging the impugned order dated 20.04.2022 passed by respondent no.1, Deputy Director of Secondary Education, Aligarh Region, Aligarh, whereby the pension has not been sanctioned to him on the ground that the petitioner has not completed qualifying services after his regularization.

Today, on the matter being taken up, learned counsel for the petitioner and the learned counsel for the State-respondents submit that the controversy involved in the present writ petition is more or less identical to those of 19303 of 2021 (Gokaran Rao Vs. State of U.P. & 3 Others), which has been decided by a Coordinate Bench of this Court vide judgment and order dated 16th March, 2022.

In view of the aforesaid submissions, for the reasons recorded in the judgment and order dated 16th March, 2022 passed in the aforesaid writ petition, this petition is also allowed with same terms and conditions. Thus, the order 20.04.2022 passed by respondent no.1, Deputy Director of Secondary Education, Aligarh Region, Aligarh is quashed.

As the petitioner is entitled to pensionary benefits under the Uttar Pradesh State Aided Educational Institution Employees Contributory Provident Fund Insurance Pension Rules, 1964 and for such purposes the adhoc continuance from 19978-2018 followed with regularization would have to be counted towards qualifying service for sanction and fixation of pension, a mandamus is issued to the respondents for grant of pensionary benefits to the petitioner. Necessary order in that regard could be passed by the competent authority within a period of three months. All consequential benefits would also be extended to the petitioner within a further period of two months thereafter.

(Manju Rani Chauhan, J.)

Order Date :- 16.5.2022

Sushil/-