SUDHAKR TIWARI Vs. DEPUTY DIRECTOR OF EDUCATION

JUDGEMENT

(1.) HEARD Sri S.K. Verma, learned Senior Advocate, assisted by Sri Siddharth Verma, learned counsel appearing on behalf of the petitioner and learned Standing Counsel. By means of the present writ petition, the petitioner is seeking a writ in the nature of mandamus directing the respondents to provide the pension and all other post retirement benefits to the petitioner at par with the teachers working in the recognized aided institution.

(2.) THE brief facts of the case are that petitioner Sri Sudhakar Tiwari, (since dead) (hereinafter referred to as the 'Petitioner') was appointed in Hartman Inter College, Ghazipur as Assistant Teacher in 1954. He continued in the said institution upto 1961. In 1961, he joined as Assistant Teacher in Rajghat Besant School (hereinafter referred to as the "Institution') and continued to teach in the institution upto 30.6.1993. The said institution was under grant in aid upto 1974. The petitioner has been paid salary by the Government upto 1974 and thereafter by the Committee of Management. The petitioner retired on 30.6.1993. Having regard to the period during which the petitioner worked as teacher in the institution when it was in grant in aid, the pension of Rs. 203.25 p. has been fixed taking length of service in the institution at 12 years six months and average salary of last three years at Rs.343.33 p.

(3.) LEARNED Standing Counsel submitted that it is not the case that the petitioner has not been granted pension. The pension is being granted under the U.P. Contributory Provident Fund Pension Insurance Rules which applies to the employees serving in the State aided educational institutions. The length of service of the petitioner for the purposes of computation of pension was taken during which the institution was in grant in aid and the petitioner received salary from the State Exchequer. During the period when the institution was receiving aid, the petitioner was treated as the Government employee. When the institution ceased to be Government aided, salary has not been paid by the State but has been paid by the Committee of Management. Therefore, the period during which he served the institution, when it was not under the grant in aid, cannot be considered for computation of grant of pension as he ceased to be the Government employee. I have considered rival submissions and perused the record.