MANGALI PRASAD VERMA Vs. STATE OF U.P.

JUDGEMENT

(1.) The present petition has been preferred with the prayer to issue writ of certiorari quashing the order dated 13.12.2006 passed by the respondent no. 5 District Inspector of Schools, Kanpur Nagar (annexure 15 to the writ petition), by which the representation of the petitioner for payment of pension was rejected.

(2.) After hearing the parties, the judgment was reserved on 23.11.2012.

(3.) The brief facts of the case are that the petitioner was appointed as an Assistant Teacher in Primary Section of Harjinder Nagar Intermediate College which is a recognised and aided institution governed by the provisions of the U.P.Intermediate Education Act, 1921 and U.P.Act No. 24 of 1971. The said institution is imparting education from class 1 to class 12 and Primary Section is an integral part of the institution. The Primary Section was brought on the grant-in-aid w.e.f. 1.10.1989 by Government Order dated 6.9.1989 and the name of the present institution was placed at Serial No. 176. The petitioner was appointed in the institution as Assistant Teacher in the year 1961 and at that time the institution was only a Junior High School. Subsequently, in the year 1967, it was recognised as a High School and in the year 1971 recognised as Intermediate College. After the institution was also included under the grant-in-aid w.e.f. 1.10.1989, the salary was being paid to the petitioner from Government Grant in accordance with the procedure under the U.P. Act No. 24 of 1971 under the joint signature of the office of District Inspector of Schools and the management of the institution. The date of birth of the petitioner is 15.6.1935, hence, after completing the age of superannuation at the age of 60 years, he retired from service on 30.6.1995 at the end of the academic session. The Principal of the institution forwarded the pension papers of the petitioner to the District Inspector of Schools, Kanpur Nagar with covering letter on 15.6.1995. The communication was sent by the Directorate of Secondary Education to the State Government on 30.12.1995 to the effect that the Government Orders were still awaited with regard to payment of pension to the Primary Section of recognised and aided higher secondary school. The principal of the institution sent a communication on 25.3.1996 to the office of the District Inspector of Schools for enabling deduction towards G.P.F. Account for depositing in the G.P.F. account of the petitioner. The pension of the petitioner was not fixed and the matter remained pending. Repeated request and representations were made on behalf of the petitioner to the respondents. On 24.1.1998 a communication was issued by the Director of Education to the Regional Director of Education with copy to the District Inspector of Schools, Kanpur Nagar with the objection to the effect that the Service Book of the petitioner had not been forwarded due to that it was not possible to fix the pension of the petitioner. Further communication was sent by the Directorate of Education on 5.12.1998 to the State Government with regard to the sanction of pension to the petitioner who had retired as Assistant Teacher of Primary Section attached with aided higher secondary school. Without taking any decision for grant of pension to the petitioner, the matter remain pending. Hence, the petitioner filed a Writ Petition No. 42328 of 1999 which was disposed of by judgment and order dated 1.10.1999 directing the District Inspector of Schools, Kanpur Nagar to take a final decision on the representation of the petitioner. Thereafter by order dated 11.2.2000, the representation was rejected by the District Inspector of Schools, Kanpur Nagar. Against which another Writ Petition No. 24820 of 2000 was filed which was finally disposed of after exchange of counter and rejoinder affidavits by the judgment and order dated 6.9.2006. In the writ petition the objection was raised on the basis of the circular/Government Order dated 28.1.2004 issued by the State Government to the effect that the benefit of pension, family pension, gratuity and Government Provident Fund was sanctioned by the State Government to the Assistant Teachers of Primary Section attached to the higher secondary schools with effect from the aforesaid Government Order. Further, the representation of the petitioner was rejected by the District Inspector of Schools, Kanpur Nagar by impugned order dated 13.12.2006 (Annexure 15 to the writ petition).