WPSS/925/2022
2022 Latest Caselaw 1602 UK

                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                          COURT'S OR JUDGES'S ORDERS
No             directions and
             Registrar's order
              with Signatures
                                  WPSS No. 925 of 2022
                                  Hon'ble Manoj Kumar Tiwari, J.

Mr. Dinesh Gahtori, Advocate for the petitioners.

Ms. Anjali Bhargava, Addl. C.S.C. for the State of Uttarakhand/respondent nos. 1,2,4 & 5.

Mr. H.C. Pathak, Advocate, holding brief of Mr. Anirudh Bhatt, Advocate for respondent no. 3.

Heard learned counsel for the parties. Petitioners had earlier served in IDPL Inter College, Rishikesh, which was recognized by State Education Board, however was funded by Central Government. Subsequently, the said institution was provincialised on 07.11.2003. Thus, petitioners became Government Servants upon provincialisation of the institution, however, benefit of past services rendered by petitioners in the said institution before its provincialisation, has been denied to them for pension.

Petitioners had earlier filed WPSS No. 1227 of 2012 & WPSS No. 2484 of 2015, which were disposed of with a direction to Director, School Education to consider their claim for pension, as per Government Order dated 02.08.2006. Petitioners made representation, which has been rejected by impugned order dated 27.12.2019. Thus, feeling aggrieved by rejection order, petitioners have filed this writ petition, seeking following reliefs:

"I) Issue a writ in the nature of certiorari calling for records and quashing the Office order/letter dated 27-12-2019 passed by respondent no. 1.

II) Issue a writ, order or direction in the nature of mandamus commanding the respondents to grant pensionary benefits with interest to the petitioner from the date of his retirement after adding the past services rendered by the petitioners, alongwith other benefits i.e. Gratuity, provident fund etc."

Learned counsel for petitioner submits that identical controversy has been decided by this Court vide judgment dated 27.04.2022 rendered in WPSS No. 2482 of 2019, thus, he submits that the present writ petition may also be decided in terms of the said judgment.

Learned counsel for respondents do not dispute the said submission made by learned counsel for petitioners.

Since identical question has been decided by this Court in WPSS No. 2482 of 2019, which fact has not been disputed by learned counsel for respondents, therefore, writ petition is decided in terms of judgment dated 27.04.2022 rendered in WPSS No. 2482 of 2019. The impugned order dated 27.12.2019 is set aside. Secretary, Secondary Education is directed to re-consider petitioners' case, in terms of Government Order dated 02.08.2006, within six weeks from the date of production of certified copy of this order.

(Manoj Kumar Tiwari, J.) 24.05.2022 Navin