Jang Bahadur Singh vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 11570 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 17
 
Case :- WRIT - A No. - 22057 of 2019
 
Petitioner :- Jang Bahadur Singh
 
Respondent :- State Of U.P. Thru. Prin. Secy. Secondary Education And Ors.
 
Counsel for Petitioner :- Ajay Kumar
 
Counsel for Respondent :- C.S.C.,Raj Kr Singh Suryvanshi
 

 
Hon'ble Pankaj Bhatia,J.

Heard learned counsel for the petitioner and learned standing counsel for respondent Nos.1 to 4.

Counsel for the petitioner submitted that the controversy involved in the present petition is squarely covered by judgement and order dated 24.07.2018 passed in Writ-A No.14970 of 2018 (Narsingh Rai vs. Deputy Director of Education, Varanasi and 3 others).

This Court has held in the said case that the services rendered prior to regularisation would be counted for computation of pensionary benefits. In the said case also, the pensionary benefits were denied to the teacher concerned on the ground that his service since the date of regularisation on 27.12.2017 was less than that of ten years.

In the instant case as well, by the impugned order dated 04.06.2019 passed by Deputy Director of Education by which he has returned the file relating to grant of pensionary benefits to the petitioner on the ground that he had not completed qualifying service of ten years since the date of regularisation on 27.12.2017.

Learned Standing Counsel does not dispute that the issue involved in the instant petition is covered by the judgement in Narsingh Rai (supra).

Accordingly, the impugned order dated 04.06.2019 is quashed. The instant petition stands disposed off in terms of judgment dated 24.7.2018 passed in Narsingh Rai Versus Deputy Director of Education, Varanasi and 3 others. However so far as cost imposed by the learned Single Judge is concerned, it has been informed by learned counsel for the respective parties that vide the order dated 27th August, 2018 in Special Appeal No. 783 of 2018, the same is expunged.

Order Date :- 18.4.2023

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