Smt. Manoj Bala Sharma Vs State of U.P. Thru. Addl. Chief Secy. Basic Education U.P. and 3 Others — Allahabad HC (2024) — LawSathi Research

Smt. Manoj Bala Sharma Vs State of U.P. Thru. Addl. Chief Secy. Basic Education U.P. and 3 Others — Allahabad HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Petition disposed of with liberty to file a fresh representation before the District Basic Education Officer, Badaun, to be decided within six weeks in light of State of U.P. v. Ravindra Nath Tagore (Special Appeal Defective No. 34 of 2019) if applicable; if found entitled, actual payment and orders within six weeks thereafter.

Issue for consideration

Whether the petitioner, who superannuated on 31.03.2022 as Headmaster/Assistant Teacher of a Junior High School after compassionate appointment on 20.01.2005, is entitled to release of pensionary benefits along with interest, and whether a final decision should be taken on her representation dated 02.11.2022.

Court's answer

Without entering into the merits, the Court granted liberty to the petitioner to file a fresh representation before opposite party no. 3, the District Basic Education Officer, Badaun, or any other competent authority, who shall consider and decide it within six weeks of production of a certified copy of the order, in the light of the Division Bench judgment in State of U.P. v. Ravindra Nath Tagore (Special Appeal Defective No. 34 of 2019) if applicable to the petitioner; if the petitioner is found entitled, actual payment and orders shall be passed within six weeks thereafter, with a copy of the representation dated 02.11.2022 annexed.

Detailed headnote1 paragraphs

Writ petition by Smt. Manoj Bala Sharma, who was appointed on 20.01.2005 on compassionate basis under the relevant dying-in-harness rules and superannuated on 31.03.2022 on the post of Headmaster/Assistant Teacher of a Junior High School, seeking a direction for release of pensionary benefits along with interest. She had earlier submitted a representation dated 02.11.2022, and counsel restricted the prayer to a final decision thereon. The Court, considering the innocuous prayer and without entering into the merits, disposed of the petition, granting liberty to file a fresh representation before opposite party no. 3, the District Basic Education Officer, Badaun, or any other competent authority, to be considered and decided within six weeks of production of a certified copy of the order, in the light of the Division Bench judgment in State of U.P. v. Ravindra Nath Tagore, Special Appeal Defective No. 34 of 2019, in case the same is applicable upon the petitioner; if the petitioner is found entitled, actual payment and orders were to be passed within six weeks thereafter, with a copy of the earlier representation annexed.

Neutral Citation No. - 2024:AHC-LKO:7558

Court No. - 17

Case :- WRIT - A No. - 78 of 2024

Petitioner :- Smt. Manoj Bala Sharma Respondent :- State Of U.P. Thru. Addl. Chief Secy. Basic Education U.P. And 3 Others Counsel for Petitioner :- Dharm Raj Mishra Counsel for Respondent :- C.S.C.,Ran Vijay Singh

Hon'ble Manish Mathur,J.

Heard learned counsel for petitioner, learned State Counsel for opposite party nos. 1 & 2 while notice on behalf of opposite party nos. 3 & 4 has been accepted by Mr. Ran Vijay Singh, Advocate.

Petition has been filed seeking a direction to the concerned authority for release of pensionary benefits to petitioner along with interest in view of fact that petitioner superannuated on 31.03.2022 on the post of Headmaster/Assistant Teacher of Junior High School.

It has been submitted that initially petitioner was appointed on 20.01.2005 on compassionate basis under the relevant dyingin-harness rules and is therefore liable to be treated as a substantive employee of the department.

For the said grievance, petitioner has already submitted a representation dated 02.11.2022. At present, learned counsel for petitioner restricts his prayer for a final decision with regard to same.

Considering innocuous prayer, without interim into merits of the case, liberty is granted to petitioner to file a fresh representation before opposite party no 3 i.e. District Basic Education Officer, Badaun or any other competent authority who shall consider and decide the same within a period of six weeks from the date a certified copy of this order is produced before the said authority in the light of judgment rendered by Division Bench in the case of State of U.P versus Ravindra Nath Tagore, Special Appeal Defective No. 34 of 2019 in case the same is applicable upon petitioner. If the petitioner is found entitled for aforesaid benefit, actual payment thereof and orders shall be passed within a period of six weeks thereafter. Petitioner shall annex a copy of representation dated 02.11.2022 along with the copy of this order.

With aforesaid observations and directions, the petition is finally disposed of.

Order Date :- 24.1.2024 Satish

Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench