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2016 Supreme(All) 663

ALLAHABAD HIGH COURT
(Lucknow Bench)
BEFORE : DR. DEVENDRA KUMAR ARORA, J.
SATYESH KUMAR MISHRA AND OTHERS .....Petitioners
Versus
STATE OF U.P. AND OTHERS .....Opposite Parties
(Civil Misc. Writ Petition No. 3150 of 2010 (S/S), decided on 1st June, 2016)

Advocates:
Counsel :
Pankaj Kumar Tiwari, Aatriya Tripathi and Ramesh Pandey for the Petitioners; C.S.C. for the Opposite Parties.

Headnote:General Provident Fund (Uttar Pradesh) Rules, 1985—Rule 4—Appointment—Assistant Teachers (L.T. Grade)—Petitioners sought direction to respondents to make necessary deduction towards General Provident Fund etc. from salary of petitioners, after completion of probation period in view of Old Pension Scheme, which was in existence at time of Notification dated 27.9.2002 as issued by Secondary Education Services Selection Board—No necessary deduction towards GPF etc. are being made from their salary inter alia on grounds that petitioners do not come within purview of Old Pension Scheme and are covered by new Pension Scheme—U.P. Retirement Benefits Rules, 1961 not applicable to Government Employees, who enter in services of State Government on 1.4.2005 or thereafter—Petitioners admittedly entred in service after enforcement of new pension scheme—Submission of petitioners that they are entitled to get benefit of Old Pension Scheme as they were got selected in year 2003 in pursuance of Notification dated 27.9.2002, has no substance as the date on which they entered into service is to be taken into account and not year when they were declared successful—Interference with declined. [Paras 17 to 33]

       Result; Petition Dismissed.

       

JUDGMENT

Hon’ble Dr. Devendra Kumar Arora, J.—Heard Mr. Ramesh Pandey, learned Counsel for the petitioners and Mr. Prashant Jaiswal, learned Additional Chief Standing Counsel.

2. Through the present writ petition under Article 226 of the Constitution of India, petitioners are seeking a writ of Mandamus for a direction to respondents to make necessary deduction towards General Provident Fund etc. from salary of the petitioners, after completion of probation period in view of the Old Pension Scheme, which was in existence at the time of Notification No. 1 of 2002 dated 27.9.2002 issued by the U.P. Secondary Education Services Selection Board, Allahabad.

3. Shorn off unnecessary details the facts of the case are as under :

Pursuant to the Advertisement No. 1 of 2002 published on 27.9.2002, petitioners had applied and after following due procedure as provided under law, by the U.P. Secondary Education Services Selection Board, Allahabad, they were selected as Assistant Teachers. After selection, in between November, 2004 to December, 2004, the U.P. Secondary Education Services Selection Board, Allahabad allocated the panel of selected candidates including the petitioners to the District Inspectors of Schools of various districts for their appointments. As per panel, petitioner Nos. 1, 2, 3, 4, 5, 6, 7 and 8 had been allocated to the District Inspectors of Schools of District Baghpat, Mathura, Muzaffar Nagar, Pratapgarh, Ghaziabad, Barabanki and Raebareli, respectively.

4. According to the petitioners, after empaneling, the District Inspector of Schools, Baghpat, vide letter dated 13.12.2004, directed the Manager/Committee of Management, Sri Vidya Mandir Inter College, Chhaprauli, Baghpat, to issue appointment letter to petitioner No. 1-Satyesh Kumar Mishra but the letter of appointment was not issued to petitioner No. 1 and subsequently, on 18.12.2004, Manager/Committee of Management, Sri Vidya Mandir Inter College, Chhaprauli, Baghpat, refused to issue appointment letter to petitioner No. 1. However, on 21.2.2005, the District Inspector of School, Raebareli issued direction to Sri Ganesh Vidyalaya Inter College, Aehar, Raibareli, which is a Government aided College, to issue appointment letter to petitioner No. 1. In compliance of the letter dated 21.2.2005, the Manager/Committee of Management, Sri Ganesh Vidyalaya Inter College, Aehar, Raibareli, issued letter of appointment to the petitioner No. 1 on 16.4.2005. Consequently, the petitioner No. 1 joined as Assistant Teacher in Sri Ganesh Vidyalaya Inter College, Aehar, Raibareli on 16.4.2005.

5. Inso far as petitioner No. 2 is concerned, it has been stated by the Counsel that the District Inspector of Schools, Mathura, vide letter dated 10.11.2004, issued letter to the Manager/Committee of Management, Sri Brij Aadarsh Inter College, Mathura, to issue letter of appointment to petitioner No. 2-Ravindra Bahadur Srivastava but the same was not issued to petitioner No. 2 and, subsequently, vide letter dated 22.1.2005, the issuance of appointment letter was refused by the Manager/Committee of Management, Sri Brij Aadarsh Inter College, Mathura. Thereafter, the District Inspector of Schools, vide letter dated 20.4.2005, directed the Manager, Mahatma Gandhi Inter College, Raebareli to issue letter of appointment to petitioner No. 2. In compliance of the letter dated 20.4.2005, the Manager, Mahatma Gandhi Inter College, Raebareli issued letter of appointment to petitioner No. 2 on 13.5.2005. Similarly, with regards to petitioner No. 3, a direction was issued by the District Inspector of Schools, Muzaffarnagar to the Manager/Committee of Management, D.A.V. Inter College, Oon, Muzaffarnagar for issuance of appointment letter to petitioner No. 3-Chhote Lal but the same was refused by the Manager/Committee of Management, D.A.V. Inter College, Oon, Muzaffarnagar vide letter dated 15.1.2005. Subsequently, petitioner No. 3 was given appointment letter by the Manager, Gayatri Inter College, Rust






































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