Disposed

Vijay Varshney v. State of U.P. and 3 Others

Allahabad HC7 Dec 2019WRIA/19773/2019

Case brief

AI extract

What is this about?

This writ petition sought quashing of an order denying pension and directed consideration with interest. The court disposed of the petition directing the educational authority to consider the claim based on the ratio in Narsingh Rai within three months.

What did the court decide?

Direction to respondent to consider the petitioner's claim for pension with interest within three months as per Narsingh Rai ratio.

Vijay Varshney Vs State of U.P. and 3 Others — Pension and Retirement Benefits | Allahabad HC (2019)

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Court No. - 49

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Case :- WRIT - A No. - 19773 of 2019

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Petitioner :- Vijay Varshney Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mahesh Sharma,Sharad Sinha Counsel for Respondent :- C.S.C.

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Hon'ble Prakash Padia,J.

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Heard learned counsel for the petitioner and learned Standing Counsel for the respondents no.1, 2 and 3.

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In view of the order proposed to be passed today, notice need not to be issued to the respondent no.4.

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The petitioner has preferred the present writ petition with the following main prayers :-

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"I) Issue a writ order or direction in the nature of certiorari quashing the impugned order dated 4.10.2018 passed by respondent no.2-Deputy Director of Education (Secondary), Aligarh Region, Aligarh (Annexure No.3 to the writ petition).

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II) Issue a writ order or direction in the nature of Mandamus commanding the respondent no.2-Deputy Director of Education (Secondary), Aligarh Region, Aligarh to consider sanction of pension of the petitioner for the post of Assistant Teacher L.T. Grade and to pay the same w.e.f. 01.04.2017 along with admissible interest, during pendency of the present writ petition."

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It is argued by learned counsel for the petitioner that identical controversy has come up before this Court in Writ A No.12219 of 2019 (Kamlesh Babu Gaur Vs. Deputy Director of Education (Secondary) Aligarh and 3 others). The said writ petition was decided by the Coordinate Bench of this Court vide judgement and order dated 5.8.2019, which is reproduced hereinbelow :-

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"Heard Sri Adarsh Singh, learned counsel for the petitioner and the learned Standing Counsel appearing for the Staterespondents.

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Learned counsel for the petitioner submits that the petitioner was an Assistant Teacher in an Intermediate College. He was regularized under Section 33-G of U.P.Act No.5 of 1982 in 2016. However, he retired on 31.3.2018 and furnished his papers for grant of pension which was denied on account of the

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fact that he has not completed the qualifying service. The same issue has been considered by this Court in the case of Narsingh Rai Vs. Deputy Director of Education and others (Writ A No.14970 of 2018) vide judgment and order dated 24.7.2018.

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The writ petition is disposed of with the direction to the respondent no.1 to consider the claim of the petitioner in the light of the ratio laid down in the aforesaid decision. The said decision shall be taken, in accordance with law, as far as possible, within a period of three months from the date a certified copy of this order is presented before the authority concerned."

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In the facts and circumstances of the case, the present writ petition is also disposed of with the direction direction to the respondent no.2/Deputy Director of Education (Secondary), Aligarh to consider the claim of the petitioner in the light of the ratio laid down in the aforesaid decision. The said decision shall be taken, in accordance with law, as far as possible, within a period of three months from the date a certified copy of this order is presented before the authority concerned.

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Order Date :- 7.12.2019 Pramod Tripathi

Vijay Varshney v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Vijay Varshney v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

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