Allahabad High Court
Sanjeev Kumar Singh vs State Of U.P. And 3 Others on 24 May, 2023
Bench: Alok Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:116178
Court No. - 9
Case :- WRIT - A No. - 8582 of 2023
Petitioner :- Sanjeev Kumar Singh
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Mohd. Naushad Siddiqui,Arvind Srivastava
Counsel for Respondent :- CSC,Akhilesh Chandra Srivastava
Hon'ble Alok Mathur,J.
1. Heard Sri Bhavesh Singh Jadaun, Advocate holding brief of Sri Mohd. Naushad Siddiqui, learned counsel for the petitioner as well as learned Standing Counsel for respondent no. 1 and Sri Akhilsh Chandra Srivastava, learned counsel appearing for respondent nos. 2 to 4.
2. By means of present writ petition the petition has challenged order dated 15.01.2022, passed by respondent no. 3 - Basic Shiksha Adhikari, Kanpur Nagar.
3. It is submitted by learned counsel for the petitioner that petitioner was initially appointed on the post of Assistant Teacher on compassionate ground at Primary School Siddpur, Block Bidhunu, District - Kanpur Nagar. It is submitted that G.P.F. was being deducted from the salary of petitioner since August, 2006, but without assigning any reason the deduction was stopped in July, 2010, whereas similarly situated persons who were appointed on compassionate ground their G.P.F. was continuously deducted. The petitioner being appointed on 30.08.2001, claims to be entitled for benefit of Old Pension Scheme under the Rules, 1961 as well as G.P.G. Rules, 1985.
4. It is next submitted by learned counsel for the petitioner that in regard to his grievance he made representations to the respondents but no decision was taken. In this regard, the petitioner previously approached this Court by means of Writ - A No. 10448 of 2020, which was disposed of by this Court by means of judgment and order dated 01.12.2020, directing Basic Shiksha Adhikari, Kanpur Nagar to consider the claim of petitioner in the light of Judgment passed in Writ-A No. 10448 of 2020.
5. It is further submitted by counsel for the petitioner that in compliance of directions of this Court dated 01.12.2020, impugned order has been passed. Perusal of impugned order indicates that mention has been made with regard to some contempt proceedings initiated at the behest of one Hemant Kumar and Hon'ble Supreme Court by means of order dated 14.10.2019, passed in SLP No. 22354 of 2019 has kept the contempt proceedings in abeyance.
6. Learned Standing Counsel on the other hand has opposed the writ petition but could not dispute the aforesaid facts stated by the petitioner.
7. Heard learned counsel for the parties and perused the record.
8. In the entire impugned order case of the petitioner has not been considered and only details of number of litigations in similar matters has been given. A bare reading of impugned order indicates that the directions passed by this Court in Writ - A No. 10448 of 2020, has not been considered or complied in letter and spirit, and consequently the matter deserves to be remanded for fresh consideration as per the previous directions of this Court.
9. This Court is of the considered view that respondents should consider and decide the representation of petitioner afresh in the light of direction passed by this Court in Writ-A No. 10448 of 2020, decided on 01.12.2020. The impugned order dated 15.01.2022, is not sustainable in law.
10. In view of above, impugned order dated 15.01.2022, is set aside.
11. Writ petition stands allowed.
11. The matter is remitted back to the respondent no. 3 - Basic Shiksha Adhikari, Kanpur Nagar to decide petitioner's representation afresh in terms of previous order of this Court dated 01.12.2020, passed in Writ-A No. 10448 of 2020, expeditiously, say within two months from the date of production of certified copy of this order, by mean of reasoned and speaking order in accordance with law and communicate the decision to the petitioner.
Order Date :- 24.5.2023
A. Verma
(Alok Mathur, J.)
