PUSHPA TRIPATHI Vs. STATE OF U.P.

JUDGEMENT

(1.) This petition has been filed for a direction upon the respondents to extend benefit of old pension scheme to petitioner as was admissible prior to 1.4.2005, as also deduct provident fund under the rules, the then in force, on the ground that petitioner has been appointed prior to 1.4.2005.

(2.) Gurunanak Girls Inter College, Sundar Nagar, Kanpur is a minority institution recognized under the provisions of the U.P. Intermediate Education Act, 1921 and the provisions of the U.P. High Schools and Intermediate Colleges (Payment of Salaries of Teachers and Other Employees) Act, 1971 are also applicable.

(3.) Certain vacancies of Assistant Teacher in L.T. Grade in the institution concerned fell vacant on 30.6.1997 and for making appointment against them permission from the District Inspector of Schools concerned had been obtained on 1.9.1999 and advertised in two daily newspaper 'Pioneer' and 'Swatantra Bharat'. Petitioner applied against the advertisement and also appeared at interview on 5.11.1999. According to petitioner, she was selected and papers were forwarded to the educational authorities by the Committee of Management, whereafter petitioner was appointed on 17.4.2000 and she joined on 18.4.2000. This fact was intimated to Inspector on 18.5.2000. It is stated that initial information was sent to the Inspector on 20.1.2000, whereas other documents were sent on 18.5.2000. Since payment of salary was not released to petitioner, she approached this Court by filing Writ Petition No.27538 of 2000, which was disposed of with a direction upon the Deputy Director of Education, Kanpur Region, Kanpur to take an appropriate decision. The Deputy Director of Education vide order dated 31.3.2006 accepted petitioner's claim for appointment. This order, however, was challenged by the Managing Committee by filing Writ Petition No.54417 of 2006 and this Court finally disposed of the matter remitting the issue again to the Deputy Director of Education, Kanpur Region, Kanpur for passing a fresh order. It is pursuant to order of this Court that an order dated 18.6.2007 has been passed by the Deputy Director of Education permitting the petitioner to join and to be paid salary. It is thereafter that petitioner has joined on 23.7.2007. According to petitioner, although she has been permitted to join after 1.4.2005, though she was appointed on 17.4.2000, as such she is entitled to benefit of old pension scheme introduced in 1978. This Court accordingly directed this aspect to be examined, vide its judgment dated 23.5.2013 rendered in Writ Petition No.29217 of 2013. It is thereafter that petitioner's claim has been considered and rejected by the order impugned dated 17.8.2013.