Court No. - 10
Case :- WRIT - A No. - 10 of 2021 Petitioner :- Seema Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ashok Kumar Singh,Anoop Singh Counsel for Respondent :- C.S.C.
Hon'ble Prakash Padia,J.
Heard learned counsel for the petitioner. Learned Standing Counsel for respondent Nos.1 to 4.
The petitioner has preferred the present writ petition with the following prayer:-
"(A) a writ of mandamus directing to the respondents to consider the petitioner's claim for entitlement of being appointed teacher on 11.03.2005 (before date 01.04.2005) as trained Graduate Teacher for Social Science, and further make due month to months deduction for General Provident Fund and Pension Fund from the salary of petitioner as provided under the U.P. General Provident Fund Rules, 1985 and U.P. Retirement Benefit Rules,1961 respectively."
Counsel for the petitioner relied upon a judgement delivered by a co-ordinate Bench of this Court in Writ A No.55606 of 2008 (Mahesh Narayan and others Vs. State of U.P. and others) decided on 19.12.2019. It is argued that the petitioners are entitled for pension under Old Scheme as provided under Rules, 1961. It is further argued that the petitioner is also entitled for deduction of G.P. as per provisions of the Rules and as per law and as per decision given by this Court.
Heard learned counsel for the parties present. With the consent of learned counsel for the parties present, the present writ petition is disposed of at the admission stage itself.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the issue, the present petition stands disposed of finally permitting the petitioner to file a fresh representation before respondent No.2/Director, Secondary Education Government of U.P. Lucknow along with self attested computer generated copy of this order downloaded from the official website of High Court Allahabad within a period of three weeks from today. If such a representation is filed within stipulated period as mentioned above, the respondent No.2 shall pass appropriate orders on the same in accordance with law expeditiously and preferably within a period of two months from the date of filing of such representation before him.
Order Date :- 13.1.2021 saqlain