Facts of the case are that the petitioner was appointed as Assistant Teacher in attached Primary Section of Sri Gandhi Ucchater Madhyamik Vidyalaya, Khadda (hereinafter to be referred as 'Institution') in the then District Deoria (now in district Kushi Nagar) on 26.07.1972. Later on the Institution was upgraded upto Intermediate and came to be known as Sri Gandhi Intermediate College, Khadda (hereinafter to be referred as 'College') . The primary section of the College was brought on grant-in-aid list on 06.09.1989 and thus the U.P. High School and Intermediate College (Payment of Salaries of Teachers and Other Employees) Act, 1971 came to be applicable. The Government issued Government Order dated 28.01.2004 providing for pensionary benefits for teachers and employees of the attached primary section and accordingly the Provident Fund (hereinafter to be referred as 'GPF') came to be deducted from the salaries of teachers of attached primary section of recognized Intermediate Colleges. The petitioner attained the age of superannuation on 30.06.2008 and accordingly the post retirement dues paid to him. However, pension was not paid to him as it was held that the pensionary benefits were not applicable to him. Regarding the deduction towards the GPF principal issued certificate on 01.01.2009 that though the petitioner continuously worked since 26.07.1972 till attaining the age of 62 years but the deductions towards GPF were made only on oral direction of the then District Inspector of Schools, Kushi Nagar (hereinafter to be referred as 'DIOS') since July 2004 and accordingly under the impugned order dated 03.02.2009 it was held that period for qualifying service will be counted for pension only w.e.f. the date and year GPF amount deduction actually started and in this case that is 2004. Thus, the petitioner was held not having qualifying service for the purpose of pension and hence pension has been denied under the impugned order.
