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Allahabad High Court

Ram Janam Singh Yadav vs State Of U.P. And Others on 20 July, 2010

Author: Arun Tandon

Bench: Arun Tandon

Court No. - 18

Case :- WRIT - A No. - 41525 of 2010

Petitioner :- Ram Janam Singh Yadav
Respondent :- State Of U.P. And Others
Petitioner Counsel :- Saroj Yadav
Respondent Counsel :- C. S. C.


Hon'ble Arun Tandon,J.

An order was passed by the Deputy Director of Eduction, Varanasi Region, Varanasi dated 22.6.2010 refusing to add the services rendered by the petitioner in the institution when it was unaided for the purposes of payment of pension and other retiral dues on the ground that the requisite contribution of the management has not been deposited in the relevant account within six months from the date the institution was brought in grant in aid.

Learned counsel for the petitioner submitted that there has been complete non-consideration of the subsequent Government order dated 26.2.2007 which provides that the contribution of the management be got deposited immediately so that the teacher may not be denied the advantage of services rendered during the period when the institution was unaided.

In the circumstances of the case, I am of the considered opinion that the grievance of the petitioner can be more appropriately examined by the respondent no.3, at the first instance and if permissible the State Government may get necessary contribution from the management deposited so that the teachers like the petitioner are not denied the benefit of addition of services rendered, when the institution was unaided in the matter of pension and other retiral dues, because of lapse on the part of the management.

In view of the aforesaid, writ petition is disposed of with liberty to the petitioner to make a representation ventilating all his grievances before respondent no.3 within two weeks from today along with certified copy of this order. On such representation being made, respondent no.3 shall consider and decide the same by means of a reasoned speaking order, preferably within eight weeks from the date the representation is so filed. All the consequential action be taken immediately thereafter.

Order Date :- 20.7.2010 AKJ