Court No. - 58
Case :- WRIT - A No. - 3152 of 2019 Petitioner :- Munni Lal Soni Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rafeek Ahmad Khan,Akhilesh Pandey Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioner was working as Lecturer in the institution 'Janta Inter College Kulpahar, District Mahoba' and has retired on 30.6.2006. His grievance is that benefit of Second Promotional Pay Scale, which was admissible to him under the Government Order dated 20.8.2004 has not been extended so far, on account of which his pension is not being correctly fixed. It is stated that various representations made in that regard have not been considered so far.
Learned Standing Counsel submits that the petitioner has retired in the year 2006 and no grievance was raised by him within a reasonable time. Submission is that raising of grievance in that regard now would be grossly barred by latches.
It is however submitted on behalf of petitioner that non payment of pension is a recurring cause and that correct determination of pension would be a ground open to be raised by the petitioner even as on date. It is also stated that the petitioner would not claim any arrear on account of such revision of pay scale.
In view of the stand so taken, the petitioner would only be entitled to benefit of revision of his pay scale and for correct fixation of his pension, if his claim is accepted in terms of the relevant Government Order but he would not be entitled for any arrears. Such consideration would be made by way of a reasoned order by respondent no. 3 within 4 months from the date of presentation of certified copy of this order.
With the aforesaid observations, writ petition stands disposed of.
Order Date :- 26.2.2019 n.u.