RAMESH KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the petitioner, the learned standing counsel for the State-respondent Nos.1 and 3, and learned counsel for the respondent Nos.2 and 4.

(2.) This writ petition has been filed praying for a direction in the nature of mandamus to the respondent-authorities to enforce the provisions of Old Pension Scheme on the petitioner and not the New Pension Scheme dated 28.03.2005, which was enforced from 01.04.2005.

(3.) Briefly stated, undisputed facts of the present case are that father of the petitioner Sri Bhagwan Prasad was an assistant teacher in Junior High School, Majhigawan, District Mirzapur. During tenure of his service, he died on 30.01.2005. It is alleged in paragraph-7 of the writ petition that the petitioner has filed application on 28.02.2005 for appointment under Rule 5 of Uttar Pradesh Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974. However, no proof in support of the averments made in the aforesaid paragraph-7 of the writ petition, has been filed along with the writ petition.