Court No. - 4
Case :- WRIT - A No. - 25157 of 2018 Petitioner :- Kuldeep Singh And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Om Prakash Chaube Counsel for Respondent :- C.S.C.,Nand Kishore Singh
Hon'ble Ajit Kumar,J.
Heard learned counsel for the parties.
The petitioners have filed the present writ petition under Article 226 of the Constitution of India seeking relief in the nature of mandamus directing the respondent authorities to provide benefit of old pension scheme.
The grievance of the petitioner no. 1 and is that since they were appointed as untrained teacher on compassionate ground on 03.08.2004 and 19.08.2004 respectively prior to the annulment of old pension scheme in 2004 and later on acquired the training qualification in 2011 and only for this reason alone he is not being benefited of the old pension scheme in terms of the direction of deduction of GPF as per the old pension scheme.
Learned counsel for the petitioner has drawn the attention of the Court to a detailed judgement of this Court in the case of Ravindra Nath Taigor v. State of U.P. through Secretary Basic Education and Others, Service Single No.7762 of 2017 dated 28th February, 2018 appended as annexure 13 to the writ petition and submits that the controversy stands resolved and the issue is no more res integra.
Sri N.K.Awasthi, learned counsel appearing on behalf of respondent nos. 2 and 3 does not dispute the above factual and legal position.
In view of above, let matter of the petitioner be examined at the first instance by the 3rd respondent and take decision in the matter within period of six weeks from the date of production of certified copy of this order. It is however, made clear that in view of submissions advanced and quoted above, this Court has not expressed any opinion on the merits of the case.
Writ petition stands disposed of in view of aforesaid directions and observations.
Order Date :- 29.11.2018/Sanjeev