Naval Kishore Tiwari vs State Of U.P. Thru. Addl. Chief ...
2023 Latest Caselaw 25183 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:59488
 
Court No. - 8
 

 
Case :- WRIT - A No. - 6604 of 2023
 

 
Petitioner :- Naval Kishore Tiwari
 
Respondent :- State Of U.P. Thru. Addl. Chief Secy. Basic Edu. Lko. And 4 Others
 
Counsel for Petitioner :- Dharm Raj Mishra
 
Counsel for Respondent :- C.S.C.,Ran Vijay Singh
 

 
Hon'ble Pankaj Bhatia,J.

1. Present petition has been filed challenging the order dated 24.04.2023 (Annexure - 1) whereby the benefits of pension and the provident fund as claimed by the petitioner was rejected.

2. Contention of learned counsel for the petitioner is that the petitioner had approached this Court by filing Writ - A No.22908 of 2021 which was disposed off vide judgment dated 12.01.2023 to the following effect:

"Heard learned counsel for the petitioner and learned Standing Counsel for the respondents.

Learned counsel for the parties agreed that the controversy involved in the present writ petition is covered by the judgment and order dated 28.2.2018 passed in bunch of writ petitions with leading Writ Petition No.7762 (S/S) of 2017, affirmed by the Division Bench of this Court vide judgment and order dated 05.02.2019 passed in Special Appeal (Defective) No.34 of 2019 (State Of U.P. Thru.Secretary Basic Education & Ors vs. Ravindra Nath Taigor).

In view of the above, the present writ petition is finally disposed of in the same terms with the same directions as has been granted in the aforesaid writ petition.

The order passed by this Court shall abide by the outcome of the Civil Appeal No. 8040 of 2019 pending before Hon'ble the Apex Court."

3. Submission of counsel for the petitioner is that once the writ petition was disposed off and the benefit of the judgment dated 28.02.2018 was extended to the petitioner also subject to the same being subject to outcome of Civil Appeal No.8040 of 2019, there was no occasion for the respondents to pass order dated 24.04.2023. As such, when the writ petition stood disposed off, the respondents had to comply with the said order, of course subject to the outcome of Civil Appeal No.8040 of 2019, thus, on that score alone, the impugned order dated 24.04.2023 is unsustainable and is quashed.

4. The present petition is accordingly allowed in the same terms and conditions as contained in the judgment dated 12.01.2023 extracted herein above.

5. Needless to add that the benefits as were extended to the petitioner of Writ Petition No.7762 (SS) of 2017 shall be extended to the petitioner also subject to of course outcome of Civil Appeal No.8040 of 2019.

Order Date :- 18.9.2023

nishant