Allahabad High Court
Ashok Kumar Singh vs State Of U.P. And 3 Others on 13 September, 2023
Bench: Vikas Budhwar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:177703
Court No. - 35
Case :- WRIT - A No. - 15283 of 2023
Petitioner :- Ashok Kumar Singh
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- R. K. Singh Kaosik
Counsel for Respondent :- C.S.C.
Hon'ble Vikas Budhwar,J.
1. It has been reported that the lawyers are abstaining from work today.
2. The case of the writ petitioner is that the fourth respondent, Sarvodaya Vidyapeeth Inter College, Meerganj, District - Jaunpur is an institution recognized under the provisions of the U.P. Intermediate Education Act, 1921, U.P. Act No.5 of 1982 and U.P. Act No.24 of 1971, stands applicable.
3. As per the writ petitioner, he was initially appointed on short term vacancy under the U.P. Secondary Education (Removal of Difficulties) (Second), Order, 1983, read with the provisions of U.P. Secondry Education Services Selection Board Act, 1982 of 20.02.1998, as Assistant Teacher. Financial approval is stated to have been accorded by the third respondent, District Inspector of Schools, Jaunpur on 16.10.1998. The writ petitioner further claims that his services came to be regularized by virtue of the order dated 10.08.2018, passed by the Additional Director of Education, Varanasi Region, Varanasi with effect from 22.03.2016 in terms of Section - 33-G of the U.P. Act No.5 of 1982.
4. The grievance of the writ petitioner is that though the writ petitioner has been made admissible to G.P.F. and group insurance but his pension has not been accorded, as the writ petitioner had not completed the minimum qualifying services, so as to enable him to be paid pension, as in this regard, relevant averments have been made in paragraph no.9 supported by document as Annexure No.3 at Page No.21 of the paper book being the order of the Deputy Director of Education (Madhyamik), Fifth Mandal, Varanasi dated 26.04.2023.
5. The writ petitioner relies upon the judgment in the case of State of U.P. and 2 Others vs. Surendra Singh, Special Appeal Defective No. 172 of 2023, decided on 20.04.2023.
6. Prayer in the present petition is for a direction to the second respondent, Deputy Director of Education (Secondary), Varanasi Region, Varanasi to accord consideration to the claim of the writ petitioner for payment of pensionary benefits.
7. Learned Standing Counsel though submits that there is no quarrel to the proposition of the law laid down in the case of Surendra Singh (supra) with regard to payment of pension while computing the period on adhoc basis followed by regularization without any interruption, but according to him a conscious decision is to be taken by the second respondent. He further submits that the writ petitioner may prefer a comprehensive representation along with the self attested copy of the writ petition before the second respondent, who shall address to the claim of the writ petitioner.
8. Considering the submission as well as the stand taken by the learned Standing Counsel, the writ petition is being disposed off without seeking any response and issuing notice to the fourth respondent granting liberty to the writ petitioner to prefer a comprehensive representation along with the self attested copy of the writ petition before the second respondent, who shall on the receipt of the same put to notice the fourth respondent and in case any inputs are required to the writ petitioner he may be given opportunity to furnish the same and thereafter proceed to examine the claim of the writ petitioner for the payment of pension in accordance with the law laid down in the case of Surendra Singh (supra) etc. within a period of three months from the date of the production of the certified copy of the order.
9. The passing of this order may not be construed to be an expression that this Court has adjudicated upon the merits of the matter, as the writ petition has been decided without seeking any response and putting to notice the fourth respondent.
10. With the aforesaid observations, the writ petition stands disposed off.
Order Date :- 13.9.2023
S Rawat
