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Allahabad High Court

Netrapal Singh vs State Of Up And 4 Others on 29 August, 2024

Author: Rohit Ranjan Agarwal

Bench: Rohit Ranjan Agarwal





HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:138756
 
Court No. - 9
 

 
Case :- WRIT - A No. - 12467 of 2024
 

 
Petitioner :- Netrapal Singh
 
Respondent :- State Of Up And 4 Others
 
Counsel for Petitioner :- Bajrang Bahadur Singh,Satya Prakash Singh
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Rohit Ranjan Agarwal,J.
 

1. Heard learned counsel for the petitioner and learned Standing Counsel for the State.

2. This writ petition has been filed with the following prayers:-

"I. Issue a writ, order or direction in the nature of Mandamus directing respondents to make payment of pension to petitioner for the post of Principal of an aided Intermediate College on the basis of services rendered by him in M.P.M. Inter College Shimlana, District- Saharanpur and on the basis of last pay drawn at the time of retirement.
II. Issue a writ, order or direction in the nature of Mandamus directing respondent no. 2 to decide the representations dated 27.06.2024 and 15.07.2024 filed by petitioner before him (Annexure No. 5 & 6)."

3. It is contended by learned counsel for petitioner that petitioner had officiated as Principal of M.P.M. Inter College Shimlana, District- Saharanpur. He is claiming pensionary benefits as he has discharged the duties of Principal of the Institution w.e.f. 31.03.2021 till he attained the age of superannuation on 31.03.2021.

4. Ventilating his grievance, representation was filed on 27.06.2024 and on 15.07.2024 before respondent no. 2, which is pending consideration. Learned counsel has relied upon the decision of this Court rendered in case of Satya Prakash Sharma vs. State of U.P. and 4 others, Writ-A No. 2733 of 2023, decided on 23.05.2023.

5. As no useful purpose would be served in keeping the matter pending or calling for counter affidavit, respondent no. 2/Deputy Director of Education (Secondary) Saharanpur Region, Saharanpur is hereby directed to accord due consideration to representation made by petitioner for granting pensionary benefits in view of the fact that he has worked as an officiating Principal in the institution on the basis of judgement of this Court in case of Satya Prakash Sharma (supra), strictly in accordance with law by reasoned and speaking order, expeditiously, preferably within a period of two months from the date of production of certified copy of this order.

6. It is made clear that the Court has not adjudicated upon the merits of the case.

7. With the aforesaid directions, writ petition stands disposed of.

Order Date :- 29.8.2024 V.S.Singh