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2012 Supreme(All) 2558

[2013(1) ADJ 254]
ALLAHABAD HIGH COURT
BEFORE : V.K. SHUKLA, J.
BUDDHIRAM ...Petitioner
Versus
STATE OF U.P. AND OTHERS ....Respondents
(Civil Misc. Writ Petition Nos. 45217, 45229, 47649, 44742 of 2012, 47000 and 55778 of 2010, decided on 26th September, 2012)

Advocates:
Counsel :
Ashok Khare, Anil Yadav, L.K. Dwivedi and V.K. Singh for the Petitioner; C.S.C. and Manu Singh for the Respondents.

Headnote:Educational Institutions—Pension Schemes—Applicability—Old Pension Scheme—Applies to staff of those educational institutions, which were included in grant-in-aid list prior to 1.4.2005, and those who were appointed prior to that date—On the other hand, New Pension Scheme applies to those educational institutions, which were brought after 1.4.2005—For claiming benefit of Old Pension Rules High Court gave such claimants two months time from date of this judgment, i.e., September 26, 2012, to deposit management contribution alongwith interest and directed that on such deposit they will got benefit of that scheme, if other terms and conditions are fulfilled, i.e., satisfied—Claim of these claimants for benefit of New Pension Scheme—Rejected—Entire Government policy regarding pension scheme—Elaborated. [Paras 26 to 29, 33, 36, 37 and 39]

       

JUDGMENT

Hon’ble V.K. Shukla, J.—Civil Misc. Writ Petition No. 45217 of 2012 has been filed by the petitioner requesting therein to permit the petitioner for depositing the management contribution together with interest thereon and further prayer has been made to command respondent authorities for clubbing the petitioner service when the institution was unaided for calculation of his pension as per Government Orders dated 26.7.2001, 22.5.2006, 20.7.2006 and 21.1.2009.

2. Civil Misc. Writ Petition No. 45229 of 2012 has been filed by the petitioner requesting therein to permit the petitioner for depositing the management contribution together with interest thereon and further prayer has been made to command respondent authorities for clubbing the petitioner service when the institution was unaided for calculation of his pension as per Government Orders dated 26.7.2001, 22.5.2006, 20.7.2006 and 21.1.2009.

3. Civil Misc. Writ Petition No. 47649 of 2012 has been filed by the petitioner for directing the respondents to accept managerial contribution for providing the pension and other post retrial benefit to the petitioner so that the petitioner be get the pension, within a period to be specified by this Court.

4. Civil Misc. Writ Petition No. 44742 of 2012 has been filed requesting to quash the Government Order dated 24.7.2012 passed by District Basic Education Officer, Allahabad and further to issue a suitable writ order or direction directing the respondents to accept the management contribution from the petitioner with interest and pay pensionery benefits as he was getting prior to February, 2008 with arrears of pension from March 2008 onwards and others consequential benefits.

5. Civil Misc. Writ Petition No. 47000 of 2010 has been filed for quashing the last two lines of Government dated 8.4.2009 and further prayer has been made to direct the respondent to count more than 10 years service rendered by the petitioners prior to 1.4.2005 and provided pensionery benefits under the old pension scheme existing prior to 1.4.2005.

6. Civil Misc. Writ Petition No. 55778 of 2010 has been filed for quashing the last two lines of Government dated 8.4.2009 and further prayer has been made to direct the respondent to count more than 10 years service rendered by the petitioners prior to 1.4.2005 and provided pensionery benefits under the old pension scheme existing prior to 1.4.2005.

7. Petitioners of this bunch of writ petitions are complaining that scheme in question is beneficiary scheme and once whatever default has been there in depositing managerial contribution together with interest, the delay be condoned and requisite relief should be accorded to deposit managerial contribution with interest so that benefit of pension be extended to them and further request has been made by a group of incumbent by contending that once institution in question has been included in the grant-in-aid list of the State Government after 1.4.2005 but their appointment is prior to 1.4.2005 then they should be given option to be covered under old pension scheme and not under new pension scheme, and accordingly requisite relief be accorded to both the category of incumbents.

8. Sri Ashok Khare, Senior Advocate, Sri Anil Yadav Advocate, Sri L.K.Dwivedi, Advocate and Sri V.K.Singh, Advocate made submission in respect of claim mentioned in the writ petitions by submitting that scheme in question is welfare scheme and in view of this time frame provide for depositing managerial contribution together interest should not come in the way for depositing managerial contribution together interest, and benefit of said scheme should be extended to them qua the said category of incumbents and further the institutions which have been included in grant in aid list after 1.4.2005, w.e.f. 1.12.2006 incumbent working therein are also entitled for benefit of the old scheme once their appointments have been made prior to 1.4.2005, then said benefit cannot be denied and in view of t








































































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