Sanjeev Kumar Singh v. State of U.P. and 3 Others

Court No. - 36 Case :- WRIT - A No. - 14542 of 2023 Petitioner :- Sanjeev Kumar Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mohd. Naushad Siddiqui,Arvind Srivastava Counsel for Respondent :- C.S.C.,Arun Kumar Hon'ble Manjive Shukla,J.

¶1Heard Sri Arvind Srivastava, learned counsel appearing for the petitioner, learned Standing Counsel appearing for the Respondents No. 1 and 2 as well as Sri Arun Kumar, learned counsel appearing for the Respondents No. 3 and 4.

¶2This court after hearing parties counsels passed an order on

27.10.2023 which is extracted as under: "1. Heard learned counsel appearing for the petitioner, learned Standing Counsel appearing for the Respondents No. 1 & 2 as well as Sri Arun Kumar Singh, learned counsel appearing for the Respondents No. 3 & 4.

¶2Petitioner through this writ petition has challenged the order dated

4.8.2023 passed by the District Basic Education Officer, Kanpur Nagar, whereby he has rejected the case of the petitioner for including him under Old Pension Scheme and to deduct the contribution towards GPF from his salary.

¶3Learned counsel appearing for the petitioner has further submitted that petitioner was initially appointed on 30.8.2001 as untrained Assistant Teacher on compassionate ground on a fixed pay and later on, he has been given regular appointment as Assistant Teacher. Learned counsel appearing for the petitioner has further submitted that petitioner is entitled for deduction of amount from his salary towards GPF and is also entitled for including him under Old Pension Scheme in view of the judgment rendered by this court in Writ-A No. 22142 of 2011 (Mahesh Prasad and others Vs. State of U.P. and others).

¶4Petitioner initially filed a writ petition which was finally disposed of with a direction to the District Basic Education Officer to consider the case of the petitioner in the light of the judgment rendered by this court in the case of Mahesh Prasad (Supra) but the District Basic Education Officer rejected case of the petitioner only by saying that the Special Leave Petition is pending against the judgment rendered by this court in the case of Mahesh Prasad (Supra). The rejection order was again put to challenge and this court set aside the decision and remanded the matter to the District Basic Education Officer, Kanpur Nagar for passing fresh order but again the District Basic Education Officer, Kanpur Nagar has passed the same order without considering the case of the petitioner in the light of the judgment rendered by this court in the case of Mahesh Prasad (Supra).

¶5Prima-facie this court find that petitioner's case is covered by the judgment rendered by this court in the case of Mahesh Prasad (Supra).

¶6Let learned counsel appearing for the Respondents No. 3 & 4 take categorical instructions from the District Basic Education Officer, Kanpur Nagar on the point as to when the issue of the petitioner has already been settled by this court then why again and again order is being passed by the authority without considering the judgment rendered by this court in the case of Mahesh Prasad (Supra).

¶7List this matter on 8.11.2023, as fresh."

¶3Today, Sri Arun Kumar, learned counsel appearing for the Respondents No. 3 & 4 has produced before this court the order passed by the District Basic Education Officer, Kanpur Nagar on

18.11.2023 whereby direction has been issued for making deduction towards G.P.F. from the salary of the petitioner and the said direction has been made subject to final outcome of the S.L.P.

(C) No. 022354 of 2019. Order dated 18.11.2023 is taken on record.

¶4Learned counsel appearing for the petitioner has submitted that this writ petition may be disposed of in terms of the aforesaid order dated 18.11.2023.

¶5In view of the aforesaid submissions advanced by the learned counsels appearing for the parties, this writ petition is disposed of in terms of order dated 18.11.2023 passed by the District Basic Education Officer, Kanpur Nagar. Order Date :- 20.11.2023 A. Mandhani High Court of Judicature at Allahabad