Allahabad High Court
Lakhan Singh vs State Of U.P. And 4 Others on 9 October, 2023
Bench: Vikas Budhwar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:194058
Court No. - 35
Case :- WRIT - A No. - 15457 of 2023
Petitioner :- Lakhan Singh
Respondent :- State Of U.P. And 4 Others
Counsel for Petitioner :- Adarsh Singh,Indra Raj Singh
Counsel for Respondent :- C.S.C
Hon'ble Vikas Budhwar,J.
1. Heard Sri Adarsh Singh learned counsel for the petitioner and Sri Awadhesh Kumar Mishra learned Standing Counsel, who appears for respondents 1 to 4.
2. This court entertained the writ petition on 15.9.2023 while seeking response from the respondents and issued notice to the fifth respondent, Committee of Management, Babu Banarsi Das Janta Inter College Utaravali Manakpur, Bulandshahar. There is an office report dated 7.10.2023 that pursuant to the notice steps taken by the writ petitioner, the delivery upon the fifth respondent is confirmed.
3. The case of the writ petitioner is that he after being regularly selected on the post of Assistant Teacher L.T. Grade Science/Math Teacher on Adhoc basis was accorded his first joining in M.M.H.V. Inter College, Ghaziabad pursuant to the recommendation and the appointment order dated 29.7.1998 and he assumed the charge on 3.9.1998, post issuance of the appointment order dated 29.8.1998. It is the further case of the writ petitioner that his services stood regularised on 30.7.2016 w.e.f. 22.3.2016 in the light of the provisions contained under Section 33G of the U.P. Act No.5 of 1982.
4. In para 6 of the writ petition further contends that the writ petitioner was allotted GPF Account No.7/173 on 2.1.2018 and in contribution of the writ petitioner was deducted from the salary towards GPF under Old Pension Scheme in view of the provisions contained under the U.P. State Aided Educational Institutions Employees Contributory Provident Fund-Insurance Pension Rules, 1964, however according to the writ petitioner an order has been passed by the second respondent, District Inspector of Schools, Ghaziabad on 28.6.2019 without issuing any notice to the writ petitioner whereby the deductions pursuant to the GPF was ceased.
5. Questioning the order dated 28.6.2019 passed by the second respondent the writ petitioner has filed the present writ petition. This Court entertained the writ petition on 15.9.2023 while passing the following order:-
"The contention of the learned counsel for the writ petitioner is that the order impugned dated 28.06.2019 passed by the District Inspector of Schools, Ghaziabad proceeds on misconception of facts and law, particularly in view of the fact that though might be the writ petitioner has been working on ad hoc basis, but once his ad hoc services stand regularized, then the ad hoc services have to be counted for the purposes of payment of pension, thus in view of the law laid down in series of judgments, the writ petitioner is entitled to the benefits of the old pension scheme. Since the order which is subject matter of challenge is of the year 2019 and we are in the year 2023, let the learned Standing Counsel seek instructions and file his response.
Issue notice to the fifth respondent. Steps be taken by 19.09.2023.
Affidavit of service be filed in the matter.
Counter affidavit shall be filed by 04.10.2023. Rejoinder, if any, may be filed by 06.10.2023.
Noticee may also file his response, if he so chooses.
Put up as fresh on 09.10.2023."
6. Learned Counsel for the writ petitioner while assailing the order in question as sought to submit that even otherwise with respect to the teachers who were working in Ghaziabad such type of attempt was taken while passing the order on 17.6.2019 which even in fact was subject matter of challenge in Writ-A No.14815 of 2020, Jang Bahadur Singh and five others vs. District Inspector of Schools Ghaziabad and five others which came to be allowed on 27.7.2021 against which a Special Appeal No.102 of 2023, State of U.P. and 3 others vs. Jung Bahadur Singh and seven others which came to be dismissed. However, the writ petitioner at that point of time had not raised any challenge but the same cannot be a ground to deny the said benefits in the wake of the fact that the writ petitioner has not been given any opportunity of being heard before passing of the said order as he seeks to rely upon para 21 of the writ petition.
7. Sri Awadhesh Kumar Mishra, learned Standing Counsel submits that though he does not possess the instructions, however according to him since it is the case of the writ petitioner that he was not heard before passing the said order, the order in question be set aside, matter be remitted back to the second respondent, District Inspector of Schools, Ghaziabad to pass a fresh order.
8. To such a submission, learned counsel for the petitioner has no objection and he gracefully accepts the same.
9. Considering the submissions of the rival parties as well as stand taken by them, the writ petition is being decided in following terms (a) the order dated 28.6.2019 passed by the second respondent, District Inspector of Schools, Ghaziabad is set aside (b) matter stands remitted back to the second respondent to pass a fresh order (c) the petitioner shall approach the second respondent by 18th October, 2023 accompanied with the comprehensive representation along with the self-attested copy of the writ petition.
10. As per the writ petitioner he is presently posted as Principal in Babu Banarsi Das Janta Inter College Utaravali Manakpur, Bulandshahar. Thus, according to him though the order dated 28.6.2019 has been passed by the second respondent, District Inspector of Schools, Ghaziabad but since the writ petitioner is Principal in the aforesaid institution in Bulandshahr thus it is for the respondents to determine as who would be competent to decide the issue in question post setting aside of the order impugned. To such a submission learned Standing Counsel submits that though the order is of to the second respondent, District Inspector of Schools, Ghaziabad and the matter stands remitted back to it, however, the second respondent, District Inspector of Schools, Ghaziabad if is of the opinion that the some other authority to to adjudicate the matter then with due information to writ petitioner and fifth respondent paper will be transmitted to that authority.
11. The second respondent shall put to notice the fifth respondent and fix a date for hearing in advance in writing. In the second week of November, 2023 hearing be done. Order be passed by 24th November, 2023.
12. Needless to point out that the writ petition has been decided without seeking any response from the respondents. Thus, passing of this order may not be construed to an expression that this Court has gone into the merits of the case.
13. With the aforesaid observation, the writ petition is disposed off.
14. Affidavit of service filed today is taken on record.
Order Date :- 9.10.2023
piyush
