IN THE HIGH COURT OF ALLAHABAD
BEFORE : SURYA PRAKASH KESARWANI, J.
NARSINGH RAI ....Petitioner
Versus
DEPUTY DIRECTOR OF EDUCATION, VARANASI, AND OTHERS ....Respondents
(Civil Misc. Writ Petition No. 14970 of 2018, decided on 24th July, 2018)
Result; Petition Allowed.
Hon’ble Surya Prakash Kesarwani, J.—Heard Sri Indra Raj Singh, learned counsel for the petitioner and the learned Standing Counsel for the State-respondents.
2. On 16.7.2018, this Court passed the following order:
“1- Heard Sri Adarsh Singh, learned counsel for the petitioner and the learned standing counsel for the State-respondents.
2- This writ petition has been filed praying for the following relief:
“I. Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 27.6.2018, passed by the respondent No. 1-Deputy Director of Education (Secondary), 5th Region, Varanasi (Annexure No. 8 to the writ petition).
II. Issue a writ, order or direction in the nature of Mandamus commanding the respondent No. 1-Deputy Director of Education (Secondary), 5th Region, Varanasi to sanction pension of the petitioner for the post of Assistant Teacher L.T. Grade and to pay the same w.e.f. 31.3.2018 alongwith interest within stipulated time as may be fixed by this Hon’ble Court.
III. Issue any other writ, order or direction in the nature of writs, as this Hon’ble Court may deem fit and proper to meet ends of justice.
IV. Award cost of this petition to the petitioner.”
3. The petitioner was working as an Assistant Teacher in the respondent No. 4 institution since 8.7.1994. He retired from service on 31.3.2018 after serving for more than 23 years. However, the respondent No. 1 denied the payment of pension to him by order dated 15.2.2018, which is reproduced below :
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4. Against the afore-quoted order, the petitioner filed Writ -A No. 7439 of 2016 (Narsingh Rai v. State of U.P. and 3 others), which was allowed by this Court by order dated 21.3.2018, as under:
“Heard Shri Adarsh Singh, learned counsel for the petitioner and learned Additional Chief Standing Counsel for State respondents.
The petitioner is before this Court assailing the order dated 15.2.2018 passed by the third respondent, Deputy Director of Education (Secondary), 5th Region, Varanasi whereby he has declined to sanction his pension and for direction to the third respondent to sanction his pension on the post of Assistant Teacher L.T. Grade and to pay the same with effect from the date of his retirement i.e. 31.3.2018.
Learned counsel for the petitioner submits that the petitioner was initially appointed as Assistant Teacher in L.T. Grade in a recognised and aided institution namely ‘Gramodaya Inter College Gaura Badshahpur, District Jaunpur’ on 2.7.1994. In pursuance thereof, he joined in the institution on 8.7.1994. Since then, he has been teaching in the institution in question on the said post, and has also been paid regular salary inclu
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