Inclusion of service rendered in a private institution for computing pensionary benefits when retiring from government service.

( 1 ) THE petitioner had worked as Assistant Teacher in Kulbhaskar Ashram Agricultural College, allahabad from 1. 9. 1952 to 1. 3. 1964. From 2. 3. 1964. the petitioner had joined as lecturer in biology in Government Inter College, Basti. where be worked upto 24. 8. 1968 and from 25. 8. 1968 he worked in Government Inter College. Jubili, Gorakhpur and from 8. 12. 1984 to 12. 11. 1986 he worked as Head Master in Government Higher Secondary School, Baghwala, nainital. From 13,11. 1986 to 31. 1. 1988 he worked as officiating Principal in Government Inter college, Gorakhpur and thereafter, he worked in Government Inter College, Almorah from 1. 2. 1988 to 26. 7. 1989 and from 27. 7. 1989 to 30. 6. 1990 he functioned as Principal in government Inter College, Deoria.

( 2 ) THE grievance of the petitioner is that the service rendered by him for the period 1. 9. 1952 to 1. 3. 1964 is not being taken into account while computing the pensionary benefit. The petitioner made representation to the District Inspector of Schools for computing the pension after taking into consideration the services rendered by him in Kulbhaskar Ashram Agricultural College. Allahabad from 1. 9. 1952 to 1. 3. 1964 which was rejected by the Chief Accounts Officer, Govt. (Pension Cell), Directorate of Education Office, Allahabad vided letter dated 29. 10. 1999 as communicated by the District Inspector of Schools, Deoria.

( 3 ) WHILE entertaining the writ petition, on 14. 7. 2000 this Court has granted six weeks time to file counter-affidavit and more than six months have passed but no counter-affidavit has been filed so far. Under these circumstances, this petition is being heard and decided at the admission stage in accordance with the Rules of the Court.

( 4 ) HEARD the learned Counsel for the parties.

( 5 ) THE learned Counsel for the petitioner submitted that this Court in the case of Shital Prasad tripathi v. Suite of U. P. and Ors. , reported in 1990 AWC 1453, has held that the service rendered in private Institution is to be included while computing the pensionary benefit where the teacher has retired from Government service. The aforesaid decision was followed in Civil misc. Writ Petition No. 6185 of 1989, Dr. Shvmala Kant Verma v. State of U. P. and Ors. , decided on 5. 5. 1992 and Civil Misc. Writ Petition No. 30395 of 1993, Nand Kumar Chandhari v. State of U. P. and Ors. , decided on 18. 9. 1995. Thus, the learned Counsel for the petitioner has submitted that the petitioners services rendered in Kulbhaskar Ashram Agricultural College. Allahabad from 1. 9. 1952 to 1. 3. 1964 is liable to be included while computing the pensionary benefit. The learned Counsel for the opposite parties has not been able to cite any decision taking contrary view.

( 6 ) HENCE, respectfully following the decision rendered in the case of Shital Prasad Tripathi (supra ). I hold that the services rendered by the petitioner in Kulbhaskar Ashram Agricultural college. Allahabad from 1. 9. 1952 to 1. 3. 1964 shall be included while computing the pensionary benefit.

( 7 ) IN view of the above, the order dated 29. 10. 1999 contained in Annexure 5 to this petition cannot be sustained and is hereby set aside. The respondent No. 3 is directed to recompute the pension and other benefits of the petitioner in the light of observations made above within two months from the date of filing of a certified copy of this order before him.

( 8 ) IN the result the writ petition succeeds and is allowed. However, there shall be no order as to costs.

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