The Allahabad High Court has directed the Director Secondary Education to decide in two months in the matter of giving the benefit of old pension scheme to teachers selected before the implementation of the new pension scheme but appointed later.
A single-judge bench of Justice Vipin Chandra Dixit passed this order while hearing a petition filed by Ajay Kumar Vishwakarma.
Also read: Supreme Court quashes HC order against OLX over frauds committed in Haryana
The writ petition under Article 226 of the Constitution of India has been filed with the following reliefs :-
“A. Issue a writ, order or direction in the nature of mandamus commanding the respondent to include the petitioner under old pension scheme as provided in the Uttar Pradesh Retirement Benefit Rules-1961 as applicable prior to dated 28.03.2005 and also deduct the General Provident Fund as per the General Provident Fund (Uttar Pradesh), Rules, 1985 framed under General Provident Fund Act, 1925.
B. Issue a writ, order or direction in the suitable nature commanding respondents to make necessary deduction in funds etc. as admissible under law in the old pension scheme.
C. Issue, a writ, order or direction in the suitable nature commanding respondents to add the past service rendered from 01.12.1992 to 08.07.2005 in officiating Principal of G.R.D. High School Kuraghat (Army School Kuraghat), Gorakhpur rendered by the petitioner in the qualifying service as defined under Uttar Pradesh Retirement Benefit Rules-1961.”
It is submitted by the counsel for the petitioner that petitioner was selected by duly constituted selection committee on the post of Assistant Teacher (Science) in Lady Prasanna Kaur Inter College, Basdila, Sardar Nagar, District Gorakhpur on September 24, 2004 and Manager/Principal of the said institution was directed to issue appointment letter to the petitioner and permit him to join on the said post. But the Management has not permitted the petitioner to join, hence the District Inspector of Schools, Gorakhpur has passed the order dated January 20, 2005 directing the management to permit petitioner to join on the post of Assistant Teacher (Science).
Also read: Assembly Election Results: Supreme Court refuses urgent listing of plea seeking VVPAT counting first
Thereafter, the manager of the institution has issued an appointment letter dated July 8, 2005 in favour of the petitioner for his joining as Assistant Teacher in the institution and in compliance thereof, the petitioner has joined his duties on July 9, 2005 and since then he is performing his duties regularly. The State government has issued a notification on March 28, 2005 by which a new pension scheme has been implemented and the petitioner was treated under the new pension scheme.
It is further submitted that the petitioner had applied for benefit of the old pension scheme and made his representation dated October 15, 2020 before respondents but till date, the same has not been considered and is still pending.
The Standing Counsel, appearing on behalf of the respondents, submitted that no useful purpose will be served in keeping the writ petition pending and it is appropriate that the respondents may be directed to consider the representation of the petitioner dated October 15, 2020 within the stipulated period.
Considering the facts and circumstances of the case and with the consent of parties, the Court disposed of the petition and directed the Director Secondary Education to take decision on the representation of the petitioner dated October 15, 2020 by passing a reasoned and speaking order in accordance with law after affording opportunity of hearing to the parties concerned within a period of two months from the date of production of certified copy of the order in the light of judgment passed by the Court in the Case of Kamlesh Kumar Sonakar and Others vs State of U.P and Others reported in 2020 (10) ADJ 221.