LAWS(ALL)-2002-5-99

J P KULSRESHTHA Vs. STATE OF U P

Decided On May 10, 2002
J.P. KULSRESHTHA Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The petitioners are retired Professors of Allahabad University and are receiving pension as retired teachers. Originally, the grievance of the petitioners in this petition was that the pension be paid to them was less than 50% of the basic salary applicable to the post of Professor of State Universities as revised w.e.f. 1.1.1996. In paragraph 7 of the petition, it is stated that monthly pension of each of the petitioners is far less than Rs. 8,200.

(3.) By the order dated 26.2.1999, Annexure-5 to the writ petition the State Government revised the pensionary benefit of teachers of State Universities w.e.f. 1.1.1996 and by the order dated 13.4.2000 vide Annexure-6 to the writ petition, the State Government notified that the pension payable to the pensioners would not be less than 50% of the minimum of pay scale from 1.1.1996. This decision was, however, not made applicable to retired teachers of Slate Universities, despite decision of the Stale Government that the pensionary benefit of retired teachers would be at the same rate and subject to same conditions as applicable to the Stale Government servants in equivalent pay scale vide Anncxure-7 to the writ petition. By G.O. dated 31.7.1993. The benefit of G.O. dated 24.12.1983, was extended to teachers who relired prior to 1.1.1984 vide Annexure-8 to the writ petition.