Ganesh Shankar Mishra vs State of U.P. Thru. Addl. Chief Secy. Deptt. Basic Education Section 5 Lko. and 3 Others — Allahabad HC (2026) — LawSathi Research

Ganesh Shankar Mishra vs State of U.P. Thru. Addl. Chief Secy. Deptt. Basic Education Section 5 Lko. and 3 Others — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to respondent no.3 to decide the petitioner's pending representation by passing a reasoned order within a maximum period of three months from production of a certified copy of the order, and to communicate the decision to the petitioner within two weeks of passing the order; writ petition disposed of without entering into the merits.

Issue for consideration

Whether the petitioner is entitled to deduction and deposit of his monthly contributions under the National Pension Scheme from March 2009 to October 2021 in terms of Clause 2 (Kha) and 2 (Ga) of the Government Order dated 13.2.2019, notwithstanding that his representations in this regard have not been decided.

Ratio / Principle

Since consideration of the petitioner's grievance entails factual aspects, the Court declined to enter into the merits and disposed of the writ petition with a direction to respondent no.3, before whom the representation is pending, to take an appropriate decision on it by passing a reasoned order within a maximum period of three months from the date of production of a certified copy of the order.

Key takeaways

The decision taken by the authority (respondent no.3) shall be communicated to the petitioner within two weeks from the date of passing of the said order.ratio¶17

Detailed headnote1 paragraphs

Pension - National Pension Scheme - writ petition seeking a direction to the respondents to deduct and deposit the petitioner's monthly NPS contributions from March 2009 to October 2021 in terms of Clause 2 (Kha) and 2 (Ga) of the Government Order dated 13.2.2019 - petitioner's representations to the authorities, including one dated 07.02.205 pending before respondent no.3 since December, 2025, not decided - Court held the grievance entails factual aspects and, without entering into the merits, disposed of the writ petition with a direction to respondent no.3 to pass a reasoned order within a maximum period of three months and communicate the decision to the petitioner within two weeks (Allahabad High Court, Lucknow Bench, Syed Qamar Hasan Rizvi, J., April 9, 2026).

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

WRIT - A No. - 3520 of 2026

Ganesh Shankar Mishra

.....Petitioner(s)

Versus

State Of U.P. Thru. Addl. Chief Secy. Deptt. Basic Education Section 5 Lko. And 3 Others

.....Respondent(s)

Counsel for Petitioner(s) : Srees Kumar Srivastava, Onkar Singh Counsel for Respondent(s) : C.S.C., Abhinav Singh, Ran Vijay Singh

Court No. - 19

HON'BLE SYED QAMAR HASAN RIZVI, J.

Heard Shri Onkar Singh, learned counsel for the petitioner, Shri R.S. Tiwari, learned Additional Chief Standing Counsel for the respondent no.1, Shri Ranvijay Singh, learned counsel for respondent no. 2 and Shri Vasudev Trivedi, Advocate holding brief of Shri Abhinav Singh, learned counsel for respondent nos. 3 and 4.

By means of the present writ petition, the petitioner has prayed for a direction to the respondents to deduct and deposit petitioner's monthly contributions under National Pension Scheme since March 2009 to October 2021 as per Government Order dated 13.2.2019, Clause 2 (Kha) and 2 (Ga).

It is contended by learned counsel for the petitioner that as per the Government Order dated 13.2.2019, the petitioner is entitled for deduction of monthly contribution from March, 2009 to October, 2021 but the petitioner has been deprived from the said entitlement under the scheme as provided by the State Government, under Clause 2 (Kha) and 2 (Ga) of the Government order dated 13.02.2019. Learned counsel for the petitioner further contended that in this regard the petitioner has preferred several representations to the authority concerned but of no avail. It is

WRIA No. 3520 of 2026

2

further contended that one such representation dated 07.02.205 submitted to respondent no.3 is contained as Annexure No.3 to the writ petition that is also pending since December, 2025 and the petitioner has been made to suffer irreparable loss on account of inaction on the part of the authorities concerned.

Be that as it may. Since the consideration of the petitioner's grievance entails factual aspect therefore, without entering into the merits of the case, the writ petition is disposed of with a direction to the respondent no.3, before whom the said representation is pending, to take appropriate decision on the same by passing a reasoned order within a maximum period of three months from the date of production of certified copy of this order. Further, the decision taken by the authority shall be communicated to the petitioner within two weeks from the date of passing of the said order.

With the aforesaid observation/direction, the writ petition stands disposed of.

April 9, 2026 PS

(Syed Qamar Hasan Rizvi,J.)

Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench