Shashi Bala vs State of U.P. Thru. Prin. Secy., Basic Edu. Lko. and 3 Others — Allahabad HC (2025) — LawSathi Research

Shashi Bala vs State of U.P. Thru. Prin. Secy., Basic Edu. Lko. and 3 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction that, upon the petitioner submitting a fresh representation within two weeks before respondent no.3 (Basic Education Officer, District Bahraich), respondent no.3 shall endeavour to decide it by a reasoned and speaking order in accordance with law and the relevant rules within a further three months from submission, along with certified copy of the order; writ petition disposed of without adjudication of merits.

Issue for consideration

Whether the petitioner is entitled to the same amount of pension (nearabout Rs. 51000/- per month) as Smt. Chitra Jain and other similarly situated Assistant Teachers. +2 more

Ratio / Principle

If the petitioner submits a representation within two weeks before respondent no.3 (Basic Education Officer, District Bahraich), respondent no.3 shall endeavour to decide it by means of a reasoned and speaking order in accordance with law and the relevant rules within a further period of three months from the date of submission of the representation along with certified copy of this order.

Key takeaways

With the aforesaid direction, the writ petition is disposed of.ratio¶18
The Court expressly clarified that it has not gone into the merits of the case; the merits of the pension-parity, post-retirement benefits and ACP claims were left open for decision by respondent no.3 on the fresh representation.obiter¶19

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Court No. 5 — WRIT - A No. 1345 of 2025, decided 31.1.2025 by Hon'ble Abdul Moin, J. Petitioner Shashi Bala, an Assistant Teacher who retired in 2017, sought (i) pension at par with Smt. Chitra Jain and other similarly situated Assistant Teachers (nearabout Rs. 51000/- per month), (ii) revision of gratuity, leave encashment and general provident fund with arrears and 12% interest, and (iii) benefit of 1st, 2nd and 3rd ACP on the basis of government orders dated 04-05-2010 and 0511-2014 (Annexures 3 and 4). With the consent of counsel for the contesting parties, and without entering the merits, the Court permitted the petitioner to submit a fresh representation before respondent no.3, the Basic Education Officer, District Bahraich; if submitted within two weeks, respondent no.3 is to endeavour to decide it by a reasoned and speaking order in accordance with law and the relevant rules within a further three months from submission, along with certified copy of the order. The writ petition was disposed of, the Court expressly stating that it had not gone into the merits of the case.

Neutral Citation No. - 2025:AHC-LKO:6679

Court No. - 5

Case :- WRIT - A No. - 1345 of 2025

Petitioner :- Shashi Bala

Respondent :- State Of U.P. Thru. Prin. Secy., Basic Edu. Lko. And 3 Others Counsel for Petitioner :- Ramesh Kumar Srivastava,Navneet Kumar Srivastava

Counsel for Respondent :- C.S.C.,Kumar Ayush

Hon'ble Abdul Moin,J.

Heard learned counsel for the petitioner, learned Standing Counsel for respondents no. 1 to 2 and Shri Shashwat Chaudhary, Advocate holding brief of Shri Kumar Ayush, learned counsel for respondents no. 3 to 4.

With the consent of learned counsel appearing for the contesting parties, the writ petition is being finally decided.

The instant writ petition has been filed praying for following main reliefs :-

"1-Issue a writ, order or direction in the nature of mandamus, commanding the opposite parties to give the same amount of pension to the petitioner which are being given to Smt. Chitra Jain and other similarly situated Assistant Teachers which is nearabout Rs. 51000/per month.

Π-Issue a writ, order or direction in the nature of mandamus, commanding the opposite parties to revise the gratuity, leave encashment, general provident fund and to give arrears of gratuity, leave encashment, arrears of pension and other post-retirement benefits with 12% interest.

III- Issue a writ, order or direction in the nature of mandamus, commanding the opposite parties to give the benefit of 1, 2nd and 3rd ACP on the basis of the government order dated 04-05-2010 and 0511-2014 which is contained as Annexure No. 3 and 4 to the writ petition."

Contention of learned counsel for the petitioner is that despite the petitioner having retired in the year 2017, she is receiving lesser pension than what is being given to other persons similarly circumstanced.

After arguing the matter at some length, learned counsel for the petitioner submits that with regard to the reliefs sought in the writ petition, the petitioner may be permitted to submit a fresh

representation before the respondent no.3 i.e. Basic Education Officer, District - Bahraich which may be directed to be decided within a time frame fixed by this Court to which learned Counsels for the respondents have no objection.

In view of the above, it is provided that in case the petitioner submits a representation within two weeks from today before respondent no.3 then respondent no.3 shall endevour to decide the same by means of a reasoned and speaking order in accordance with law and the relevant rules within a further period of three months from the date of submission of the representation along with certified copy of this order.

With the aforesaid direction, writ petition is disposed of .

It is made clear that this Court has not gone into the merits of the case.

Order Date :- 31.1.2025 Mohit Singh/-

Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench