SHITAL PRASAD TRIPATHI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) HEARD the learned counsel for the parties.

(2.) THE petitioner's case is that he is not allowed the benefit of service in a Private School on the basis of some Government order by which the previous Government order was superseded and it was desired that those, who retired between 13-6-1979 and 10-1-1986, shall only be given pensionary benefit by including their previous service in non-government institutions, in case they have deposited the shares of the employer towards the Provident Fund etc. THE Govt, order, therefore, makes it possible only for those persons, who have retired between 13-6-1979 and 10-1-1986 to get the benefit of previous service in non-government institutions and it excludes the others from such benefits. THE classification would mean that anybody, who has retired before 13-6-1979 or after 10-1-1986 will not be given the benefit of service in non-government institution. THE classification made by the State on the basis of dates of retirement among the retired government servants does not appear to be reasonable and is opposed to the guarantees contained in Article 14 of the constitution.

(3.) THE writ petition succeeds and is allowed. THE respondents are directed to count the petitioner's service is non-government institution for the purpose of computation of his pension and gratuity and treat the Govt, orders No. (Shiksha Anubhag 2) 3&91/15-2-38-3/75/77 dated 16-9-1988 and No. Ma. Pa. 370/15-2-85-36/.73/77 dated 10-1-86 in relation to the petitioner; as non est. Accordingly the order dated 1-11-1989 passed by the respondent No. 2, Annexure 2 to the writ petition, stands quashed. THE respondents will compute the pension and gratuity of the petitioner with three months from the date of communication of this order to them, in accordance with the directions given J hereinabove.