Court No. - 58
Case :- WRIT - A No. - 55734 of 2013 Petitioner :- Nageshwar Prasad Yadav Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- K. Shahi,Rajendra Prasad Counsel for Respondent :- C.S.C.,Pranesh Dutt Tripathi,Sunil Kumar Singh
Hon'ble Ashwani Kumar Mishra,J.
Controversy raised in the present petition stands adjudicated under a judgment of this Court in Writ Petition No. 75746 of 2005, decided on 6.9.2006, whereby cut-off- date fixed as 31st March, 2002 for deposit of managerial contribution towards payment of pension has been set aside. A special appeal filed in the matter being Special Appeal No. 734 of 2014 has also been dismissed on 10.8.2015, observing as under:-
"We find no substance in submissions advanced by the learned counsel for the appellant.
It is no doubt true that the State Government had fixed 31 March 2002 as the date by which the managerial contribution should be deposited in order to get the benefit of the scheme, but when the scheme is for the benefit of the teachers as it provides for payment of pension, the extension of date for depositing of the managerial contribution with interest does not suffer from any illegality. Good and cogent reasons have been given in the judgment for extending the time period and we see no good reason to interfere.
The Special Appeal is, accordingly dismissed."
In the present case also the grievance of the petitioner is that his claim for the working between 1.7.1968 to 7.12.1983 has not been included for the purposes of payment of pension because the managerial contribution had not been deposited.
In view of the aforesaid pronouncement, the respondents are required to consider petitioner's claim also provided the managerial contribution is deposited alongwith the interest in terms of the applicable scheme. The concerned authority would take appropriate decision in light of the observations made above, within a period of three months, by passing an appropriate order.
The writ petition is disposed of, accordingly.
Order Date :- 22.2.2019 Ranjeet Sahu