Court No. - 33
Case :- WRIT - A No. - 14137 of 2020 Petitioner :- Jaya Singh And 10 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Siddharth Khare,Sr. Advocate Shri Ashok Khare,Umesh Dwivedi Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Controversy raised in the present petition is squarely covered by a judgment of this Court in the case of Manoj Kumar Singh and others Vs. State of U.P. and another reported in 2020 (10) ADJ 479.
Sri Ashok Khare, learned Senior Counsel for the petitioners states that this case is distinguishable, inasmuch as the advertisement itself provided the post to be pensionable.
Such stipulation in advertisement will not alter the legal proposition, inasmuch as, the pension continues to be paid, whether it be paid under the old rules or the modified pension scheme i.e. contributory pension scheme.
For the reasons given in the case of Manoj Kumar Singh (supra), this writ petition also fails and is dismissed.
Order Date :- 6.1.2021 Ranjeet Sahu