Nand Gopal Srivastava vs State Of U.P. Thru. Its Prin. Secy. ...
2023 Latest Caselaw 14912 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Neutral Citation No. - 2023:AHC-LKO:32528
 
Court No. - 17
 

 
Case :- WRIT - A No. - 3403 of 2023
 

 
Petitioner :- Nand Gopal Srivastava
 
Respondent :- State Of U.P. Thru. Its Prin. Secy. Deptt. Of Basic Edu. Lko. And 2 Others
 
Counsel for Petitioner :- Prabhakar Srivastava
 
Counsel for Respondent :- C.S.C.,Ghaus Beg
 

 
Hon'ble Pankaj Bhatia,J.

The present petition has been filed challenging the order dated 24.02.2023 whereby the benefit of pension has been denied to the petitioner mainly on the ground that the petitioner was appointed under the dying in harness rules on a fix salary and after acquiring the qualification of training, the petitioner was absorbed in the services which was subsequent to the Government Order dated 20.03.2005 and thus, the petitioner would be deemed to have been regularized as a trained teacher only after acquiring the qualification of training i.e. on 15.07.2009. The said issue, based upon which the impugned order is being passed, was considered by this Court in Service Single No.7762 of 2017 : Ravindra Nath Taigor vs. State of U.P. & Ors. wherein the writ petition was allowed vide order dated 28.02.2018 with directions as contained in para 17 of the said judgment.

It is informed at bar that against the said judgment special appeal was preferred by the State which too was dismissed bearing Special Appeal (Defective) No.34 of 2019 decided on 05.02.2019 against which an SLP has been preferred before the Hon'ble Supreme Court being Special Leave to Appeal No.22354 of 2019 converted into Civil Appeal No.8040 of 2019. It is said that the civil appeal is still pending consideration before the Hon'ble Supreme Court.

Considering the fact that no stay order has been granted by the Hon'ble Supreme Court and the facts are squarely covered by the decision of this Court in the case of Ravindra Nath Taigor (supra) the present writ petition is also allowed. The impugned order dated 24.02.2023 is quashed. The directions contained in the case of Ravindra Nath Taigor (supra) shall also apply to the benefit of the petitioner also. The same shall however, be subject to the outcome of the civil appeal which is pending before the Hon'ble Supreme Court.

Order Date :- 11.5.2023

Saurabh Yadav/-