Uttarakhand High Court
Hon'Ble V.K. Bist vs State Of Uttaranchal And Others' on 28 August, 2012
Author: V.K. Bist
Bench: V.K. Bist
WPSS No. 1058/2012 Hon'ble V.K. Bist, J.
Mr. U.S. Bhakuni, Advocate for the petitioner.
Mr. Ashish Joshi, Standing Counsel for the State/respondents.
Counter affidavit has been filed on behalf of respondent nos. 2 & 3 in the Court today. Same is taken on record.
Heard learned counsel for the parties and perused the record.
Present petition has been filed by the petitioner for quashing the order dated 07.06.2012 passed by the Secretary, School Education, Uttarakhand/respondent no.1 by which the representation of the petitioner has been rejected holding that the petitioner is not entitled for getting pension as he has not completed 10 years' of eligible service.
Petitioner was working under Uttar Pradesh Basic Shiksha Parishad. After creation of State of Uttarakhand, the services of the teachers working under the Uttar Pradesh Basic Shiksha Parishad, were merged in the Government service. The Post of teacher under Uttar Pradesh Basic Shiksha Parishad was a pensionable post. However, the State of Uttarakhand took a different view and passed various orders denying pensionary and other retiral benefits rendered by such teachers under the Uttar Pradesh Basic Shiksha Parishad. The petitioner retired from service on 01.07.2001. He was denied pensionary benefit on the ground that he was appointed in the year 1977 on the consolidated pay and his services were regularized w.e.f. 24.08.1996 and since he has worked less than 10 years' regular service, he is not entitled for pension.
The petitioner filed Writ Petition No. 451of 2003 (SS), which was disposed of by this Court on 22nd July, 2011 by directing the Secretary, Education, Govt. of Uttarakhand to consider the representation of the petitioner and pass appropriate order on the same by considering the observations of the Court contained in the judgment dated 22.07.2011 and also the law laid down by the Court and the Hon'ble Supreme Court in such matters.
In the said judgment, the Hon'ble Single Judge of this Court considered the judgment of Full Bench of this Court in 'Madan Mohan Chaudhary vs. State of Uttaranchal and others', reported in 2011 (1) U.D.6 and the judgment of Hon'ble Supreme Court in 'R. Kapoor vs. Director of Inspection (Painting and Publication), Income Tax and anr.', reported in 1995 (1) UPLBEC, page 89.
The Hon'ble Single Judge in his order dated 22.07.2011 held the petitioner liable to be given pension in the following manner:-
"The case of the petitioner is that he has been working on substantive vacancy since 1977 and though he has been regularized in 1995 he has been working on a regular substantive vacancy. This assertion of the petitioner has not been denied by the State in its counter affidavit. Therefore this Court is of the considered view that since the petitioner has been working continuously on a permanent substantive vacancy since 1977 and consequently regularized in 1995, he is liable to be given pension."
Inspite of the clear-cut findings of this Court, the Secretary, School Education set over the judgment of this Court passed in the matter of the petitioner in Writ Petition No. 451 of 2003 (SS) and has casually rejected the representation of the petitioner.
Prima-facie, I am of the view that the Secretary, School Education, Uttarakhand has committed contempt of this Court's order dated 22.07.2011 passed in Writ Petition No. 451 of 2003 (SS) 'Dan Singh Bisht vs. Secretary, Basic Shiksha Parishad and ors.' Issue notice to Ms. Manish Panwar, Secretary, School Education, Uttarakhand, Dehradun to show cause as to why she should not be punished for committing this Court's order dated 22.07.2011 passed in Writ Petition No. 451 of 2003 (SS) 'Dan Singh Bisht vs. Secretary, Basic Shiksha Parishad and ors., fixing 17th September, 2012. She may submit her reply through an Advocate.
In case no reply is filed before the next date fixed, the Secretary, School Education shall appear personally before this Court.
List this petition on 17th September, 2012.
(V.K. Bist, J.) 28.08.2012 NCM: