Disposed

Abdul Majid v. State of Up and 4 Others

Allahabad HC15 Jul 2024WRIA/9759/2024

Case brief

AI extract

What is this about?

Petitioner, a retired Assistant Teacher/Officiating Principal, sought GPF and pension. Court noted entitlement if no fault existed but documents were with the management. Dispatched case for consideration within two months of record receipt.

What did the court decide?

Liberty to approach District Minority Welfare Officer; respondents to examine claim and pay benefits within two months.

Abdul Majid vs State of Up and 4 Others — Pension and Retirement Benefits | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:112938

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Court No. - 9

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Case :- WRIT - A No. - 9759 of 2024

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Petitioner :- Abdul Majid Respondent :- State Of Up And 4 Others Counsel for Petitioner :- Awadhesh Kumar Malviya Counsel for Respondent :- C.S.C.

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Hon'ble Vikas Budhwar,J.

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Heard Sri A.K. Malviya, learned counsel for the writ petitioner and Sri Santosh Kumar Mishra, learned Standing Counsel who appears for respondent No. 1 to 3.

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In view of the order which is being proposed to be passed, notices are not being issued to the respondents No. 4 and 5.

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The case of the writ petitioner is that he was appointed as Assistant Teacher in Bahrul Uloom Oriental College, Bahariyabad, District Ghazipur, respondent No. 5 on 01.09.1979 and his services were also regularized and he superannuated on 31.03.2024, however, for a certain spell he was made the Officiating Principal. Learned counsel for the writ petitioner submits that despite the fact that the writ petitioner is entitled to GPF and pension also arrears thereon and there happens to be a communication of the District Minority Welfare officer, District Ghazipur, third respondent address to the fourth and fifth respondents who happens to be the Principal and the Committee of Management of the Madarsa in question but till date the said payments has not been extended.

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Prayer in the present petition is for a direction to the respondents to do the needful in that regard.

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Sri Santosh Kumar Mishra, learned Standing Counsel has produced before this Courts the instructions under the signature of District Minority Welfare Officer, District Ghazipur dated 01.07.2024 according to which the documents are in possession of the Principal/Committee of Management of the Madarsa in question and as soon as the said documents will be furnished, the needful will be done.

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Having heard the learned counsel for the parties, I am of the opinion that, in case, the writ petitioner is entitled to post retiral benefit, then the same cannot be withheld if there is no fault

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attributed to the writ petitioner. Accordingly, the writ petition stands disposed of granting liberty to the writ petitioner to represent his cause before the third respondent while filing a comprehensive representation along with self attested copy of the writ petition and on the receipt of the same, the third respondent shall put to notice the writ petitioner and the fourth and fifth respondents and thereafter accord consideration to the claim and summon the documents and examine the matter regarding entitlement of the said benefits and do the needful within a period of two months from the date of production of certified copy of the order.

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With the said observation, the writ petition stands disposed of.

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The instructions filed today are taken on record and marked as Appendix 'A'.

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Order Date :- 15.7.2024 Rajesh

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

Abdul Majid v. State of Up and 4 Others

Case brief

What is this about?

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Abdul Majid v. State of Up and 4 Others

Case brief

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