Court No. - 10
Case :- WRIT - A No. - 107 of 2021 Petitioner :- Sant Kumar Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Nikhilesh Kumar Chaudhary Counsel for Respondent :- C.S.C.
Hon'ble Prakash Padia,J.
The petitioner was an Assistant Teacher in a recognized and aided Higher Secondary School, Adarsh Uchchttar Madhyamik Vidyalya, Bargadwa, Basti. He has instituted this writ petition for the following reliefs :-
"(i) Issue a writ, order or direction in nature mandamus commanding to the respondent's to direct the respondents to forthwith compute the management contribution towards contributory provident fund for the length of service rendered by the petitioner in the institution for the period during which the institution was not receiving grants-in-aid from the stat government and add the service of the petitioner before the institution was not grant-in-aid at the time of his retirement upon deposit of such management contribution forthwith.
(ii) Issue any other writ, order or direction which this Hon'ble Court may deems fit and proper in the circumstance of the case.
(III)To the cost of the writ petition to the petitioner."
The petitioner claims that he was initially appointed in the said institution on 01.07.1978 as trained Assistant Teacher in C.T. Grade. At that point of time the institution was not receiving any financial aid from the State Government. It was first time brought on grant-in-aid w.e.f. 01.01.2004 vide Government Order dated 02.06.2004 since then the petitioner was receiving his salary from the salary payment account.
The date of the birth of the petitioner is 13.08.1959 and on attaining the age of superannuation, he retired on 31.03.2022.
The grievance of the petitioner is that while fixing his pension the respondents have counted the service of the petitioner from 01.01.2004 till the date of his retirement and have not taken into account the services rendered by the petitioner from 1978 to 2004 without any justifiable reason. Consequentially the petitioner has suffered huge pecuniary loss which is a recurring losss.
It is stated that since the management's contribution was not deposited by the Management during the period when the institution was not at grant-in-aid list, hence on that ground petitioner is denied the benefit of full pension and other benefits.
It is also stated that non-deposit of the Management contribution in Contributory Provident Fund for the said period is a fault on the part of the Management, hence the petitioner can not be made to suffer. Learned counsel for the petitioner has placed reliance on the judgement of this Court in the case of Mangali Prasad Verma vs. State of U.P. and Others, Writ-A No. 17819 of 2007 and Krishna Prasad Yadav & Others vs. State of U.P. and Others, Writ-A No. 28679 of 2009, wherein similarly placed teachers were allowed to deposit the management contribution within a stipulated period.
Learned counsel for the petitioner has also relied upon a judgement of this Court in the case of Shanti Solanki vs. State of U.P. and Others, W.P. No. 75746 of 2006 and Ram Milan and Another vs. State of U.P. & Others, Writ-A No. 64445 of 2012.
I have heard learned counsel for the petitioner and learned standing counsel. With their consent, the writ petition is being finally disposed of in terms of the Rules of the Court.
Having due regard to facts of the case, I am of the view that the cause of petitioner need to be considered by the appropriate authority at the last instance. The matter requires determination of facts in the light of the law laid down by this Court in Mangali Prasad Verma (supra) and Krishna Prasad Yadav (supra).
Accordingly, the concerned District Inspector of Schools is directed to consider the grievance of the petition expeditiously, preferably within three months from the date of communication of the order. The petitioner is at liberty to file a fresh representation along with a copy of this order downloaded from the official website of High Court Allahabad within three weeks from the date of receipt of this order.
Order Date :- 13.1.2021 saqlain