Court No. - 34
Case :- WRIT - A No. - 10740 of 2018 Petitioner :- Dr. Sant Kumar Srivastava Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ashok Kumar Singh,Smt Rekha Singh,Vikas Kumar Singh Counsel for Respondent :- C.S.C.
Hon'ble Sudhir Agarwal,J. Hon'ble Bachchoo Lal,J.
1. Heard learned counsel for petitioner and perused the record.
2. Petitioner is claiming proportionate pension under the provisions of U.P. State Aided Educational Institution employees' Contributory Provident Fund- Insurance-Pension Rules, 1964 (hereinafter referred to as “Rules, 1964”).
3. However, pension under Rules, 1964 is not applicable to petitioner for the reason that Chapter V Rule 17 of Rules, 1964 clearly talks of pension applicable to limited category of persons, as is evident from following:
“17. An employee shall be eligible for pension on--
(i) retirement on attaining the age of superannuation or on the expiry of extension granted beyond the superannuation age;
(ii) voluntary retirement after completing 25 years of qualifying service;
(iii) retirement before the age of superannuation under a medical certificate of permanent incapacity for further service; and
(iv) discharge due to abolition of post or closure of an institution due to withdrawal of recognition or other valid causes.”
4. Petitioner was a Teacher in Kulbhaskar Ashram Degree College, Allahabad and worked from 01.03.1977 to 29.03.1989 and thereafter resigned from said post in order to join the post of Teacher in Devi Ahilya Vishwa Vidyalaya, Indore (Madhya Pradesh) and therefrom he has retired. Petitioner did not retire on attaining the age of superannuation in State of U.P. or from Kulbhaskar Ashram Degree College, nor it is a case of voluntary retirement after completing 25 years satisfactory service. Therefore, claim of proportionate pension is thoroughly misconceived.
5. Writ petition lacks merit. Dismissed.
Order Date :- 27.4.2018 AK