RAMDHANI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Digvijay Tiwari, learned counsel for learned counsel for petitioners, learned Standing Counsel for State-respondent-1 and Sri Shyam Krishna Gupta, learned counsel for respondent-2.

(2.) This writ petition under Article 226 of Constitution of India has come up before this Court at the instance of two petitioners namely, Ramdhani son of Shri Mahesh and Mallu son of Ghaur, who have prayed for issue of a writ of mandamus commanding respondents to pay pension to petitioners from the date of their retirement and continue to pay the same, month to month, as and when it falls due. Petitioners have also prayed for a writ of mandamus commanding respondents to pay Life Insurance Policy amount of petitioner-2 with interest.

(3.) Facts in brief, giving rise to present writ petition, are, that "Junior High School" of Avra Chauro, Area Baitalpur, District-Deoria is a recognized "Senior Primary School" governed by the provisions of U. P. Basic Education Act, 1972 (hereinafter referred to as "Act, 1972") and Rules framed thereunder. Petitioner-1 was appointed as Class IV employee on 01.10.1972 and petitioner-2, similarly, was appointed as Class IV employee on 01.01.1957. After completing 31 and 47 years of service, petitioner-1 attained age of superannuation and retired on 31.03.2003 while petitioner-2 retired on 03.08.2001. After retirement, petitioner-2 was paid a sum of Rs.4538/- towards Insurance amount on 29.10.2003.