Court No. - 34
Case :- WRIT - A No. - 11981 of 2015 Petitioner :- Asharam Singh Respondent :- State Of U.P. And 6 Ors. Counsel for Petitioner :- Sanjay Srivastava Counsel for Respondent :- C.S.C.,D.K. Pandey
Hon'ble Yashwant Varma,J.
Heard learned counsel for parties.
Learned counsels for parties fairly concede that the issue as raised in this petition stands concluded in favour of the petitioner in light of the judgments rendered by the Court in Buddhiram Vs. The State of U.P. and others, [2013 (1) ADJ 254] and Mangali Prasad Verma Vs. State of U.P. and others [Writ A No.17819 of 2007 decided on 20 December 2012]. Dealing with the issue of coverage under the 1964 Rules and the payment of management contribution, the Court in Buddhiram held thus:-
"As provision of Uttar Pradesh State Aided Educational Institutions Employees Contributory Provident Fund, Insurance Pension Rule 1964 has been covering only those institutions and employees who were permanent in the State aided educational institution and as various institutions were being included in the grant-in-aid list of the State Government then issues have been raised qua clubbing the services rendered by incumbents at the point of time when the institution was unaided. In this regard repeated demands were being made from the State Government for extending the benefit of aforesaid service for computing the qualifying service for pension. State Government proceeded to consider the request of said category of teachers and in furtherance of Government Orders dated 10.03.1978 and 31.03.1982 State Government proceeded to issue Government Order dated 23.05.1998 mentioning therein that in continuance of the Government Order dated 10.03.1978 and 31.03.1982, period which has been spent by incumbent in the institution prior to institution being included in grant-in-aid list, said period of service shall also be clubbed but condition was attached therein that who have attained the age of superannuation will have to pay contribution in Contributory Provident Fund alongwith interest. Said amount in question was required to be deposited in Contributory Provident Fund and further it was mentioned that even incumbents who have died, said benefit in question shall be extended to them also. By means of Government Order dated 23.05.1998 time frame has been provided for upto 31.03.1998 for the said amount in question to be deposited in the Government treasury. Obligation has been cast upon the Management through Principal that in respect of teaching and non-teaching staff after computation being made the managerial contribution alongwith the interest, be deposited in the office of District Basic Education Officer. It was also mentioned that thereafter entry shall be made in the service book. It was also clarified that for pension/family pension, said service would be computed from the date when he has been lawfully appointed and it was also clarified that this Government Order dated 23.05.1998 shall be applicable to the incumbent who have retired after aforesaid date i.e. 23.05.1998.
...
This much has been accepted that at the point of time when institution in question has been included in the grant-in-aid list entire benefit of earlier service of unaided stage has been clubbed and benefit of the earlier service rendered has been extended qua grant of pay scale, increment and other benefits etc.
The services rendered at unaided stage has not at all been waste, and due care has been taken to extended the benefits admissible in the lieu of the same. Question is can said service be also included as part of the qualifying service specially when appointment in question has been made prior to 01.04.2005 and admittedly institution in question has been brought into the grant-in-aid list of the State Government w.e.f. 01.12.2006."
Accordingly and for the reasons assigned in that decisions, the instant petition shall also stand allowed. The respondents are hereby commanded to consider the prayer of the petitioner for grant of benefits under the 1964 Rules bearing in mind the principles enunciated above. While proceeding in the matter, the fifth respondent shall place the respondent nos.6 and 7 to due notice.
Order Date :- 22.9.2021 Vivek Kr.