Court No. - 16
Case :- WRIT - A No. - 6777 of 2018 Petitioner :- Soharat Prasad Respondent :- State Of U.P. And 3 Ors. Counsel for Petitioner :- Madhaw Prasad Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioner is working as Assistant Teacher in Janhit Shiksha Niketan Taraini, Post Sekhuani, District Maharajganj, which is a recognised Junior High School. The institution is being administered by the department of Social Welfare. Petitioner's date of birth is 1.10.1955 and he has been issued a notice by the Manager of the institution informing him that he has attained the age of superannuation on 13.9.2017. Petitioner has represented the matter before the authority concerned on the ground that he is entitled to sessions benefit, inasmuch as by virtue of provisions contained under Rule-29 of the U.P. Basic Education ( Teachers) Service Rules, 1981, petitioner is entitled to it. The Government Order dated 8.10.2015 has been relied upon.
Grievance is that such representation of the petitioner has not been examined by the authority concerned so far.Learned Standing Counsel submits that the grievance of the petitioner shall be considered, in accordance with law.
Considering the facts and circumstances as noticed above, this petition stands disposed of permitting the respondent no. 3 to examine the claim of petitioner, in accordance with law, for the purposes of grant of Sessions benefit, within a period of two months from the date of presentation of certified copy of this order.
Order Date :- 26.2.2018 n.u.