LAKSHMI Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Ashok Khare, learned Senior Counsel for the petitioner and learned Standing Counsel. The prayer made in this petition is by a retired University Teacher praying for a writ of mandamus that an option is provided for G.P. Fund and other retiral benefits under the Government Order dated 23.1.2010 which is for Teachers including retired Teachers of Degree Colleges affiliated to University that should be extended to the petitioner as well.

(2.) Sri Ashok Khare has invited the attention of the Court that in such matters, when such discrimination was pointed out relating to the option of exercise of availability of funds and other post retiral benefits, this Court had intervened and struck down such Government Orders of the State Government. The judgment dated 26.10.2006 in the case of Dr. Shri Gopal Gupta and others v. State of U.P. and others, has been filed alongwith the writ petition as Annexure-10 to the writ petition.

(3.) He has further invited the attention of the Court to the Government Order dated 23.1.2010 in relation to non-teaching staff and submits that the Circular of the Director of Higher Education indicates that an identical Government Order exists in relation to the teaching staff as well. He urges that such benefits have been extended after the matter was finalized by the Apex Court arising out of the judgment referred to herein above.