Court No. - 18
Case :- WRIT - A No. - 8666 of 2018 Petitioner :- Hari Bansh Kumar Dwivedi and 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shivendu Ojha,Sr. Advocate Radha Kant Ojha Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard Shri R.K. Ojha, Senior Advocate assisted by Shri Shivendu Ojha, appearing for the petitioners and learned Additional Chief Standing Counsel for the respondents.
The petitioners are before this Court with request to issue direction commanding the respondent no.1, Principal Secretary, Ministry of Social Welfare, Government of UP, Lucknow to release all retiral benefits including pensionary benefits to the petitioner nos.1 and 2 and also to make all consequential necessary benefits including retiral and pensionary benefits to the petitioner nos.3, 4 and 5 after their retirement alongwith all other similarly situated Teachers.
Record in question reflects that Sangharsh Samiti Shikshak Samudaya Vibhagiya Pathshala, U.P. Allahabad through its Secretary Sri Rajendra Prasad Srivastava and five others had earlier approached this Court by preferring Writ Petition No.2766 of 1996 on the ground that the petitioners were working as Teachers of Primary Schools receiving grant-in-aid from the Social Welfare Department. In the said writ petition, the claim was set up that there were 516 privately managed Primary Schools receiving grant-in-aid but they were recognized by the Board of Basic Education, U.P. In Allahabad district itself, there were 36 institutions as has been claimed in the said writ petition. The writ petition was allowed by this Court on 1.11.1996, with following observations:-
"This petition is allowed. A mandamus is issued to the respondent no.1 to pay the same salary, allowances and other benefits to the teachers of Primary Schools under the Department of Social Welfare as is being paid and given to the teachers of Primary Schools run by the Board of Basic Education, U.P. or which are privately managed but are aided and recognized by the Board of Basic Education. The arrears from 1.1.1996 till today shall be paid to the teachers of Primary Schools run under the Department of Social Welfare within three months from the date of production of a copy of this order before the Authority concerned. The other benefits will also be implemented within the same period."
The aforesaid order was assailed by the State respondents by preferring Special Appeal No.180 of 2000 (State of UP through the Principal Secretary, Department of Social Welfare, U.P. Govt. Lucknow and three others vs. Sangharsh Samiti Shikshak Samudaya Vibhagiya Pathshala, U.P. Allahabad and others), which was disposed of by a Division Bench of this Court on 11.8.2006, with following observation:-
"We are in respectful agreement with the reasoning given and the order passed by an Hon'ble Single Judge on the 1st of November, 1996, and the appeal is dismissed, excepting that the last sentence of the said judgement and order shall be struck out. The said last sentence reads as follows:- "the other benefits will also be implemented within the same period."
The phrase, with respect, is a little vague. It would bring in several other matters, like pension for which contribution is ordinarily to be made. As such, in our opinion, the writ petitioners-respondents should not be entitled to any other benefits than salary on the basis of equalisation, but our order will not, needless to mention, prevent the writ petitions- respondents from receiving all other benefits, which they are entitled to receive on their own on the basis of express rules or service conditions applicable to themselves.
The appeal is finally disposed of."
Record in question further reveals to this Court that even the judgement and order dated 11.8.2006 passed in the aforesaid appeal has also been assailed by the State respondents before Hon'ble Apex Court in Civil Appeal No.(s) 2028/2011 (The State of Uttar Pradesh through Principal Secretary & ors vs. Sangharsh Samiti Shikshak Samudaya Vibhagiya Pathshala, U.P. Allahabad through Secretary and others). Finally, the aforesaid appeal was dismissed on 27.7.2017.
In this backdrop, Shri R.K. Ojha, Senior Advocate appearing for the petitioners submits that once the proceeding has already been finalized by this Court and the State respondents have also lost the matter upto Apex Court, then the relief, as has been sought by means of present writ petition, is liable to be considered by the first respondent. He further apprises to the Court that in the present matter, the detailed response has already been sent by the Director of Social Welfare, U.P. Lucknow to the Principal Secretary, Ministry of Social Welfare, Government of UP, Lucknow on 5.10.2017. The request has been made for issuing direction to the first respondent to do needful in the matter as some of the petitioners have already retired and some of them are going to retire shortly.
Learned counsel for the respondents does not dispute the aforesaid factual and legal aspect of the matter.
No useful purpose would be served in keeping the writ petition pending.
In view of above, without expressing any opinion on the merits of the issue and considering the facts and circumstances of the case and with the consent of parties, this writ petition is disposed of finally with a direction to the Principal Secretary, Ministry of Social Welfare, Government of UP, Lucknow to look into the grievance of the petitioners and pass appropriate order taking into consideration of the letter of the Director of Social Welfare, U.P. Lucknow dated 5.10.2017 within a period of three months from the date of production of a certified copy of this order before him.
Order Date :- 27.3.2018 RKP