Ashok Kumar Tripathi vs State Of U.P. Thru. Secy. ...
2023 Latest Caselaw 26495 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:62340
 
Court No. - 8
 

 
Case :- WRIT - A No. - 7032 of 2023
 

 
Petitioner :- Ashok Kumar Tripathi
 
Respondent :- State Of U.P. Thru. Secy. Secondary Education Lko. And 3 Others
 
Counsel for Petitioner :- Krishna Madhav Shukla
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Pankaj Bhatia,J.

1. The present petition has been filed by the petitioner challenging the order dated 06.09.2023 whereby the benefit of fixation of pension on the basis of last salary drawn as an ad-hoc Principal has been refused placing reliance on the Government Order dated 08.02.2008, 07.12.2009 and the the Government Order dated 24.02.2012.

2. A similar issue came up for consideration before this Court and the same was decided by the judgment dated 29.05.2017 in Writ Petition Service Single No.9395 of 2017 (Rajendra Prasad Singh vs. State of U.P. and others).

3. In view of the categorical judgment on a similar issue raised, the impugned order dated 06.09.2023 cannot be sustained and is quashed. The respondents shall recompute the pension of the petitioner treating the last pay drawn by the petitioner as an ad-hoc Principal. While doing so, the respondents shall be guided by the judgment dated 29.05.2017 in the case of Rajendra Prasad Singh (supra). The fresh order, as directed above, shall be passed within a period of two months. The respondents shall also take into consideration the fact that the predecessor of the petitioner was being granted the benefit whereas the same has been denied to the petitioner.

4. The writ petition stands disposed off.

Order Date :- 26.9.2023

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