Court No. - 35
Case :- WRIT - A No. - 11555 of 2020 Petitioner :- Shiv Ram Malik Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rahul Jain Counsel for Respondent :- C.S.C.
Hon'ble Salil Kumar Rai,J.
The grievance of the petitioner in the present writ petition is that representation dated 11.9.2018 for payment of pension as a consequence of his having worked as Assistant Teacher in Nehru Inter College, Patherwa, Deoria from 31.10.1973 to 19.8.1988 is not being decided by the Deputy Director of Education, Gorakhpur Division, Gorakhpur.
It has been stated in the writ petition that after 1988, the petitioner joined as Assistant Teacher in Navodaya Vidyalaya. The counsel for the petitioner has not produced the service rules entitling him to count his service in Nehru Inter College for grant of pension.
However, the relevant factors necessary to decide the representation dated 11.9.2018 and the entitlement of the petitioner for grant of pension are to be considered by the Deputy Director of Education, Gorakhpur Division, Gorakhpur and therefore, this Court is not expressing any opinion on the entitlement of the petitioner as claimed through his representation dated 11.9.2018.
The Deputy Director of Education, Gorakhpur Division, Gorakhpur is directed to decide the representation dated 11.9.2018 filed by the petitioner and take appropriate action in accordance with law within a period of three months from the date a copy of this order is served before him after giving an opportunity of hearing to the necessary parties.
It is clarified that this Court has not expressed any opinion on the merits of the claim of the petitioner.
With the aforesaid direction, the writ petition is disposed of.
Order Date :- 6.1.2021 IB