Madan Gopal Shukl And 2 Others vs State Of U.P. And 3 Others
2023 Latest Caselaw 15708 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Neutral Citation No. - 2023:AHC:108493
 
Court No. - 34
 
Case :- WRIT - A No. - 8687 of 2023
 
Petitioner :- Madan Gopal Shukl And 2 Others
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Utkarsh Singh,Gautam Baghel
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Ajit Kumar,J.

Petitioners, who claim to have retired while working as Assistant Teacher in attached Primary Section of an Intermediate College, have approached this Court by means of present petition seeking a direction to the respondent competent authority to consider the claim of the petitioners in the light of judgment of this Court in the case of Krishna Prasad Yadav & Ors v. State of U.P. & Ors, 2015 (3) ADJ 663. He submits that the controversy since is no more res integra for counting the previous service from the date when the Institution was brought under grant in aid until 20.01.2004 when the pension was made applicable to the teachers of the Primary Section. It is submitted that the petitioners have already approached the authority concerned namely the Deputy Director of Education (Secondary), Kanpur Region, Kanpur vide representations made and brought on record as Annexure No. 4 to the petition.

Learned Standing Counsel submits that he has no objection in the event direction is issued to the competent authority to look into and consider the grievance of the petitioner and dispose of the same strictly in accordance with law.

In such above view of the matter, this petition stands disposed of with a direction to the Deputy Director of Education (Secondary), Kanpur Region, Kanpur to look into and consider the grievance of the petitioners for computing the period in question for qualifying service for pension in the light of judgment of this Court in Krishna Prasad Yadav (supra) and decide the same within a period of three months from the date of receipt of certified copy of this order.

Needless to add that the order to be passed by the competent authority, as directed herein above, shall be reasoned and speaking one.

Order Date :- 18.5.2023

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