Disposed

Smt. Manoj Bala Sharma v. State of U.P. Thru. Addl. Chief Secy. Basic Education U.P. and 3 Others

Allahabad HC8 Jan 2024WRIA/78/2024

Case brief

AI extract

What is this about?

Petitioner sought release of pensionary benefits after superannuation. Court granted liberty to file a fresh representation to competent authority, directing consideration of entitlement in light of judicial precedent, and disposed of the writ petition.

What did the court decide?

Liberty granted to file fresh representation; authorities directed to decide within six weeks.

Smt. Manoj Bala Sharma vs State of U.P… — Pension and Retirement Benefits | Allahabad HC (2024)

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

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Court No. - 17

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

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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

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Hon'ble Manish Mathur,J.

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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.

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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.

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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.

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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.

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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.

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

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Order Date :- 24.1.2024 Satish

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

Smt. Manoj Bala Sharma v. State of U.P. Thru. Addl. Chief Secy. Basic Education U.P. and 3 Others

Case brief

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Smt. Manoj Bala Sharma v. State of U.P. Thru. Addl. Chief Secy. Basic Education U.P. and 3 Others

Case brief

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What did the court decide?

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