Tuesday, April 23, 2024

Allahabad High Court directs UP government to include ad-hoc service period, while granting pensionary benefits to Assistant Teacher

The Allahabad High Court while quashing the order passed by the District Inspector of Schools, District- Firozabad, has directed the government of Uttar Pradesh to count the period of ad-hoc service rendered to grant pensionary benefits to an employee, who retired in 2013, with a regular service record of over 17 years.

The Single-Justice Bench of Justice Rajiv Joshi passed this order, while hearing a petition filed by Awadh Bihari Verma.

The writ petition under Article 226 of the Constitution has been filed for quashing the order dated 23.01.2014 passed by the respondent no 3, District Inspector of Schools, District- Firozabad whereby the period of ad hoc service rendered by the petitioner has not been taken into account for the purpose of pension.

The petitioner retired on 30.6.2013 after completing more than 17 years of regular service on the post of Assistant Teacher (L.T. Grade). His services were regularized in the year 2016, grievance of the petitioner is that the ad hoc services rendered by him has not been counted in fixation of his pension.

At the outset, counsel for the petitioner submitted that the controversy involved in the case has already been decided in petition (Sunita Sharma Vs State of U.P & 5 Ors) decided on 20.12.2018.

“After hearing counsel for the the parties and perusing the record, in the opinion of the Court, the dispute is squarely covered by the principle of law laid down in Sunita Sharma’s case (supra) as well as latest judgment of the Apex Court in State of Gujarat & Anr vs Talsibhai Dhanjibhai Patel, decided on 18.2.2022”, the Court observed, while allowing the petition.

Accordingly, the order dated 23.01.2014 passed by the respondent no 3, District Inspector of Schools, District- Firozabad, is hereby quashed by the High Court.

“In view of the discussions aforesaid, it is clear that petitioner is entitled to pensionary benefits under the Uttar Pradesh State Aided Educational Institution Employees Contributory Provident Fund Insurance Pension Rules, 1964 and for such purposes the ad hoc continuance from 1995-2013 followed with regularization would have to be counted towards qualifying service for sanction and fixation of pension.

Accordingly, a mandamus is issued to the respondents for grant of pensionary benefits to the petitioner.

Necessary order in that regard could be passed by the competent authority within a period of three months. All consequential benefits would also be extended to the petitioner within a further period of two months thereafter”, the order read.


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