Allowed

Indrapal Singh v. State of U.P. and 3 Others

Allahabad HC12 Aug 2024WRIA/12080/2024

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A teacher's pension claim was declined for lack of ten years' service after regularization. Following a Co-ordinate Bench ruling that pre-regularization temporary or officiating service followed by confirmation counts as qualifying service, the writ petition was allowed, the impugned order quashed, and the matter remanded for fresh decision within two months.

What the court decided

AI extract

Indrapal Singh vs State of U.P. and 3 Others — Pension and Retirement Benefits | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:130960

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Court No. - 9

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Case :- WRIT - A No. - 12080 of 2024

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Petitioner :- Indrapal Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Adarsh Singh,Indra Raj Singh Counsel for Respondent :- C.S.C.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Adarsh Singh, learned counsel for the petitioner and Sri Pradeepta Kumar Shahi, learned Additional Chief Standing Counsel representing the respondent nos. 1 to 3.

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Keeping in view the order proposed to be passed in the writ petition, issuance of notice to the respondent no. 4 is hereby dispensed with.

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By means of the instant writ petition filed under Article 226 of the Constitution of India, the petitioner has challenged validity of an order dated 21.06.2024, passed by the Deputy Director of Education (Secondary), Aligarh Region, Aligarh, declining proposal for payment of pension to the petitioner forwarded by the District Inspector of Schools, on the ground that the petitioner has not completed ten years of service after regularization of his service.

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The learned counsel for the petitioner submitted that the same controversy has been decided by a Co-ordinate Bench of this Court sitting at Lucknow in Writ-A No. 3660 of 2024 (Rudrabhan Singh vs. State of U.P. & Ors., Neutral Citation No. 2024-AHCLKO:36331) , decided on 10.05.2024, wherein a Co-ordinate Bench of this Court has relied upon a judgment rendered by a Division Bench of this Court in Special Appeal Defective No. 976 of 2023 decided on 24.01.2024, wherein a Division Bench held

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that policy contained in the Pension Rules clearly contemplate inclusion of services rendered by a teacher in continuous, temporary or officiating capacity followed without interruption by confirmation, towards qualifying services.

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While passing the impugned order, the Deputy Director of Education has not taken into consideration, the petitioner ad-hoc services rendered prior to his regularization whereas in view of the aforesaid judgment passed by this Court those services ought to be taken into consideration for calculating the qualifying service of the petitioner for ascertaining his eligibility to receive pension.

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Accordingly, the writ petition is allowed . The impugned order dated 21.06.2024, is hereby quashed and the matter is remanded to the Deputy Director of Education (Secondary), Aligarh Region, Aligarh to take a fresh decision, keeping in view the aforesaid judgments passed by this Court within a period of two months from the date of receipt of a certified copy of this order.

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[Subhash Vidyarthi,J.]

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Order Date :- 12.8.2024 -Amit K-

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Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad

Indrapal Singh v. State of U.P. and 3 Others

Case brief

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Indrapal Singh v. State of U.P. and 3 Others

Case brief

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