Smt. Indira Devi vs State Of U.P. And 4 Others
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Allahabad High Court

Smt. Indira Devi vs State Of U.P. And 4 Others on 25 April, 2025

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2025:AHC:63694
 
Court No. - 7
 

 
Case :- WRIT - A No. - 5397 of 2025
 

 
Petitioner :- Smt. Indira Devi
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Petitioner :- Rajeev Kumar Singh,Vipin Kumar Singh
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Vikram D. Chauhan,J.
 

1. Heard learned counsel for the petitioner and learned Standing Counsel for the State.

2. It is submitted by learned counsel for the petitioner that petitioner was initially appointed on adhoc basis as Assistant Teacher on 10.12.1993 and thereafter his services were regularized on 28.03.2017. The petitioner attained the age of superannuation on 31.03.2025, however, by the impugned order, Deputy Director of Education has returned the pension papers of the petitioner on the ground that petitioner has not completed 10 years of service although the service of the petitioner is from the year 1993 to 2025, however, ad hoc services are not being counted in this respect.

3. Learned counsel for the petitioner submits that the impugned order is against the judgment and order passed by the co-ordinate Bench of this Court in Nand Lal vs. State of U.P. and others (Writ-A No. 12670 of 2020) decided on 30.09.2022.

4. Learned Standing Counsel does not dispute the aforesaid judgment of this Court in Nand Lal (supra), therefore, submits that the matter be sent back to the educational authorities for assessing the pension papers, in the light of judgment in Nand Lal (supra).

5. In view of the aforesaid, the impugned order dated 04.04.2025 passed by respondent no.2-Deputy Director of Education (Secondary), 5th Division, Varanasi, is hereby quashed. The matter is remanded back to the respondent no2. to take a fresh decision in the light of the dictum in Nand Lal (supra). The aforesaid pension papers of the petitioner shall be processed within the period of two months from the date of production of certified copy of this order.

6. With the aforesaid observation/direction, the writ petition is disposed of.

Order Date :- 25.4.2025

S.Prakash