B D SHARMA Vs. DEPUTY EDUCATION OFFICER

JUDGEMENT

(1.) Rule. With the consent of the parties, writ petition is taken up for hearing and disposal.

(2.) Petitioner by this writ petition impugnes the order dated 3.5.2002 by which the request made by the petitioner for counting his past service rendered with Department of Education, Nainital (Uttaranchal) for the purpose of pension and other benefits had been declined.

(3.) By the impugned order, the petitioner was intimated that on the basis of a technical ground, the request was not being processed and was being treated as cancelled. Petitioner was willing to deposit the GPF amount received from the previous employer but the respondents were not willing to accept the same. Vide order dated 12.7.2004, Deputy Education Officer (Admn.) West Zone, MCD was directed to personally present in the court with the record on the next date so as to understand the nature of technical objections by which the plea of the petitioner was sought to be declined. Again vide order dated 23.7.2004 after hearing counsel for the parties and Deputy Education Officer, the Accounts Officer (Education) was directed to be present and bring any rules prohibiting the acceptance of GPF from the employee to whom the previous employer has released the GPF directly. Further, if there were any contingencies or events stipulated in the rules by which the benefit of previous service can be denied to the petitioner be also brought to the attention of the court. Today, Account Officer (Education) is present.