Court No. - 39
Case :- WRIT - A No. - 13198 of 2019 Petitioner :- Ashok Narayan Gupta Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Vikash Bhatnagar Counsel for Respondent :- C.S.C.,Krishna Kumar Chand
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioner, learned standing counsel for respondent nos. 1, 2 and 5 and Sri K.K. Chand, learned counsel for respondent no. 3.
Considering the nature of order proposed to be passed, there is no need to issue to respondent no. 4.
Learned counsel for the petitioner submits that there is an institution in the name of Dr. Rajendra Prasad Junior High School, Kailiya Jalaun, which is recognized under the provisions of U.P. Basic Education Act, 1972 and U.P. Recognized Basic Schools (Junior High Schools) (Recruitment and Condition of Services of Teachers) Rules, 1978 is also applicable. Petitioner was appointed as Assistant Teacher on 8.8.1984 and he continued in service upto 1.2.2010. He was seriously ill, therefore, he has submitted application for voluntarily retirement and the same was granted vide order dated 30.06.2017 by respondent no. 3 w.e.f. 1.2.2010. Thereafter, papers were sent before respondent no. 5 for pension, but certain query was raised by respondent no. 5, which was replied by respondent no. 3 by letter dated 21.08.2017. Again, fresh query was raised by respondent no. 5 vide letter dated 30.12.2017 from respondent no. 3, which was also replied by respondent no. 3 vide letter dated 18.12.2018, but till date, pension has not been paid to the petitioner. Lastly, he submits that a suitable direction may be issued to respondent no. 5 to take decision and provide pension to petitioner.
learned counsel for the petitioner, learned standing counsel for respondent nos. 1, 2 and 5 submits that the matter of petitioner shall be considered and decided in accordance with law at the earliest.
Under such facts and circumstances, this petition is disposed of with direction to respondent no. 5 to consider the case of the petitioner and decide the same strictly in accordance with law maximum within a period of six weeks from the date of production of certified copy of the order. In case, petitioner is not entitled for pension, he shall pass reasoned order within the same time.
It is made clear that Court has not adjudicated the case on merits and it is upon the respondent no. 5 to decide the application of the petitioner after considering the relevant Rule as well as Government Orders occupying the field.
Order Date :- 26.8.2019 Arvind