Court No. - 58
Case :- WRIT - A No. - 25185 of 2018 Petitioner :- Shiv Balak Yadav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ankush Tandon Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioner claims to have been appointed as Assistant Teacher in 'Shri Bapa Inter College, Kalpi, District Jalaun' in the year 1987. Petitioner's appointment was approved and he continued to receive salary, where after, he superannuated on 31.3.2018. Petitioner, thereafter, has raised a claim for release of pension and other retiral benefits to him which has not been released so far.
A perusal of the record would go to show that the District Inspector of Schools, Firozabad, has apparently not processed petitioner's claim for release of pension on the ground that the petitioner's services had not been regularised.
Learned counsel for the petitioner submits that petitioner's claim for regularisation is covered by the provisions of the 'U.P. Secondary Education Services Selection Board Act, 1982' and, therefore, merely for the reason that a formal order of regularization has not been passed, although his claim is covered under the Act of 1982 for regularisation, the petitioner cannot be made to suffer.
Learned Standing Counsel states that the petitioner's grievance shall be examined by the authority concerned, in light of the applicable provision of law.
Considering the facts and circumstances, noticed above, this writ petition stands disposed of with a direction upon respondent no.2 to accord consideration to petitioner's claim for regularisation and thereafter release of pension and retiral benefits, in accordance with law, by passing a reasoned order within a period of four months from the date of presentation of certified copy of this order. The Joint Director of Education shall ensure that the petitioner's claim is examined, in accordance with law, and benefits including pension etc. due to him are disbursed without any further loss of time.
It goes without saying that an opportunity of hearing would be given to the committee of management of the institution also.
Order Date :- 29.11.2018 n.u.