ADITYA NATH MISHRA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Arun Kumar, learned counsel for the petitioner and the learned Standing Counsel for the state.

(2.) This writ petition has been filed assailing the order dated 1st Aug., 2008 as Annexure No. 1 to the writ petition whereby the claim of the petitioner for including the periods as mentioned in the second relief clause as working periods for the purpose of computing and paying salary, as well as for determination of pension and other post retrial benefits has been refused.

(3.) The petitioner retired as a Principal of a State Homoeopathy Medical College, the provincialisation whereof took place in 1981 under the Provincialisation order wherein certain directions were issued and certain rights and liabilities were created. The Government Order was issued in this regard dated 11th of Feb., 1981. The dispute arising out of such rights and liabilities raised by teachers of the provincialised medical colleges were contested in Writ Petition No. 7124 of 1986 Dr. Shri Kant Pandey and Others Vs. State of U.P. and Others that was finally disposed of on 27.3.1991. These two relevant records are on the basis whereof relief claimed by the petitioner is to make payment of salary for the period from 1.12.1977 to 30.6.1979 and 1.10.1980 to 11.12.1981. The petitioner contends that the said period is prior to provincialisation, and non-deduction of contributory provident fund due to non-payment of salary of the said period, cannot be attributed to the petitioner so as to deny him the retrial benefits upon his attaining the age of superannuation. It is therefore, submitted that the order dated 1.8.2008 deserves to be quashed.