SHYAM LAL Vs. STATE OF U P

JUDGEMENT

(1.) BOTH the petitioners are employees of Sant Tulsi Das Municipal Inter College, Soron, District Etah (hereinafter referred to as the "College"). The petitioner No. 1 was working as Chowkidar having been appointed on 5.8.1966 and on attaining the age of superannuation retired on 28.2.2000. The petitioner No. 2 was appointed as Mali on 10.8.1966 and on attaining the age of superannuation retired on 31.1.2002. Since thereafter both the petitioners made strenuous efforts to get their retiral benefits running between the State Government and Municipal Board, Etah but having failed to get retiral benefits approached this Court by means of the present writ petition where an order was issued on 12.12.2005 by the Assistant District Inspector of Schools, Etah informing the Manager/Principal of the College that the College in question is governed by local bodywhereupon Uttar Pradesh Municipalities Act, 1916 (hereinafter referred to as the "1916 Act") is applicable and, therefore, pension of non teaching staff of the said institution is not payable by educational department but has to be paid by Nagar Palika, therefore, pension papers are being returned.

(2.) THE petitioners have sought a writ of certiorari for quashing the order dated 12.12.2005 and also a writ of mandamus commanding the respondents to pay pension and other retiral benefits forthwith.

(3.) THESE submissions have been replied in para 12 of the counter-affidavit which reads as under: <IMG>JUDGEMENT_640_ADJ3_2011Image1.jpg</IMG>