JANARDHAN Vs. SWAMI VIVEKANAND SHIKSHAN

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard the learned counsel for the parties.

(2.) In this Writ Petition the petitioner has challenged the communication dtd. 20/2/2017 that has been issued by the respondent no.3-Head Master holding the petitioner ineligible for receiving pensionary benefits. Along with such challenge, the petitioner has also challenged to the order of termination dtd. 25/4/1997 and has sought payment of back-wages consequent upon such order of termination being set aside.

(3.) It is submitted by the learned counsel for the petitioner that Writ Petition No.6037/2014 was filed by another employee in which this Court on 21/11/2014 observed that the said petitioner would not be entitled to seek any pensionary benefits. Relying upon that adjudication, the present petitioner has been held not entitled for pensionary benefits. It is submitted that the petitioner was not a party to Writ Petition No.6037/2014 and therefore that adjudication cannot be applied to the petitioner. The Education Officer (R-2), being the Competent Authority to adjudicate the entitlement to pension, that Officer may be directed to consider the petitioner 's claim.