Phool Chandra Bharti vs State Of U.P. Thru. Prin. Secy. ( ...
2023 Latest Caselaw 12626 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 17
 

 
Case :- WRIT - A No. - 5716 of 2022
 

 
Petitioner :- Phool Chandra Bharti
 
Respondent :- State Of U.P. Thru. Prin. Secy. ( Secondary Edu. ) Lko. And 6 Others
 
Counsel for Petitioner :- Ajay Pratap Singh
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Pankaj Bhatia,J.

Heard Shri Ajay Pratap Singh, learned counsel for the petitioner and learned counsel for the Opposite Parties.

The present writ petition has been preferred by the petitioner for quashing of the order dated 15.06.2017 passed by the Deputy Director of Education, 9th Region, Ayodhya i.e. Opposite Party No.5, by which the deduction in the pension of the petitioner has been made and it has been fixed by Rs.35,000/- in place of Rs.37,150/-; for quashing of the Government Order dated 16.12.2013 and further to direct the Opposite Parties to re-fix the pension of the petitioner according to the last pay certificate.

Learned counsel for the petitioner has submitted that by judgment dated 12.08.2014 of this Court in Writ Petition No.2194 (S/S) of 2014 the applicability of Government Order dated 16.12.2013 has been quashed but so far as it was related to the petitioner of the petition. He has further submitted that the case of the petitioner is squarely covered by the judgment of this Court dated 16.01.2019 in Writ Petition No.9145 (S/S) of 2018.

On the other hand, learned counsel for the Opposite Parties has submitted that the petitioner is not entitled for the benefit of the judgment dated 12.08.2014 for the reason the Government Order dated 16.12.2013 is quashed as far as it is related to the petitioner of that writ petition.

At this stage, learned counsel for the petitioner restricted his prayer to the extent that he has already submitted representation on 17.05.2022 to the Opposite Party No.5 but requested that the petitioner may be given liberty to move a fresh representation along with copies of the judgments relied in the present writ petition.

After hearing learned counsels for both the parties and without entering into the merit of the case, the liberty is given to the petitioner to make a fresh representation within a week and the Opposite Party No.5 is directed to take a decision in the representation of the petitioner by speaking and reasoned order in accordance with law say within a period of six weeks from the date of copy of this order is served.

With the observations made above, the writ petition is disposed of finally.

Order Date :- 24.4.2023

KR