Arun Kumar Singh vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 10617 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 18
 

 
Case :- WRIT - A No. - 2764 of 2023
 

 
Petitioner :- Arun Kumar Singh
 
Respondent :- State Of U.P. Thru. Prin. Secy. Madhyamik Shiksha Lko. And 3 Others
 
Counsel for Petitioner :- Rakesh Kumar Singh
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Alok Mathur,J.

1. Heard counsel for the parties.

2. The present writ petition has been filed challenging the order dated 25.3.2023 passed by the Deputy Director of Education (Secondary), Prayagraj Region, Prayagraj i.e. the respondent no.2 thereby the representation of the petitioner regarding his claim for pension has been rejected on the ground that his services were regularized by Government Order dated 22.3.2016 and, therefore, he was not entitled to pension.

3. It is apparent from the impugned order passed by the Deputy Director of Education (Secondary), Prayagraj Region, Prayagraj that the petitioner was appointed in the institution w.e.f 29.6.1994 on ad-hoc basis and against the short term vacancy and continued as such till 22.3.2016 from which date his services stood regularised. The claim of the petitioner has been rejected ostensibly on the ground that the services rendered by him as ad-hoc teacher could not have been considered for computing the qualifying service for grant of pension. The issue as to whether the services rendered by the petitioner in ad-hoc capacity could be counted for computing the qualifying service for grant of pension has already been settled by this Court vide orders dated 20.12.2018 passed in Writ A No.25431 of 2018 and 9.12.2019 passed by this Court in Writ A No.19822 of 2019 and in the aforesaid judgments it has been held that the period of service rendered in the capacity of ad-hoc teacher shall also be continued for the purpose of computing the qualifying service for pension.

4. The claim of the petitioner has also been admitted by the Standing Counsel.

5. In view of the aforesaid, it would be futile to call for a counter affidavit from the State-respondents.

6. The writ petition is allowed. The order dated 25.3.2023 passed by the Deputy Director of Education (Secondary), Prayagraj Region, Prayagraj i.e. respondent no.2 is hereby quashed. The Deputy Director of Education (Secondary), Prayagraj Region, Prayagraj i.e. respondent no.2 is directed to grant pension to the petitioner, in case, there is no other legal impediment, after counting his services rendered in ad-hoc capacity while computing the qualifying service for pension within a period of two months from the date of production of a copy of this order before him.

Order Date :- 11.4.2023 (Alok Mathur, J.)

RKM.