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2018 Supreme(All) 1328

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)

Advocates:
Counsel :
Indra Raj Singh, Adarsh Singh and Deo Prakash Singh for the Petitioner; C.S.C. for the Respondents.

Headnote:Retiral Benefits – Disposal of – Petitioner worked as an Assistant Teacher in respondent No. 4 institution – Superannuated on 31.3.2018 – Respondent No. 1 denied payment of pension to him by order dated 15.2.2018 – Aforesaid order quashed by High Court dated order 27.6.2018 – Non-compliance of – No authority can arrogate to itself power to act in a manner which is arbitrary – In view of flagrant abuse of power public functionary himself must shoulder burden of costs held as payable – Relief to petitioner already extended – Impugned order quashed – Costs of Rs. 25,000 imposed on respondent No. 1 – Direction issued. [Paras 16 to 22]

       Result; Petition Allowed.

JUDGMENT

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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mi f'k{kk funs'kd ¼ekŒ½

iape e.My okjk.klhA

lsok esa

ftyk fo|ky; fujh{kd

tkSuiqjA

i=kad@ys[kk@2017&18 fnukad 15-2-18

fo"k; & Jh ujflg jk;] lgk;d v/;kid] xzkeksn; b.Vj dkyst] xkSjkckn 'kkgiqj] tkSuiqj ds is'ku ds lEcU/k esaA

egksn;]

mi;qZDr fo"k;d d`i;k vki vius dk;kZy; ds i=kad@is'ku@10766@2017&18 fnukad 9-01-18 dk lanHkZ xzg.k djus dk d"V djsa] tks Jh ujflg jk;] lgk;d v/;kid] xzkeksn; b.Vj dkyst] xkSjkckn 'kkgiqj] tkSuiqj ds is'ku ds lEcU/k esa gSaA Ásf”kr Ádj.k dh tkap foRr ,oa ys[kkf/kdkjh] e.Myh; vkfMV laxBu dk;kZy; la;qDr f'k{kk funs'kd] okjk.klh e.My okjk.klh }kjk djk;k x;k tkapksijkUr foRr ,oa ys[kkf/kdkjh }kjk Ádj.k es fuEu vkifRr dh x;h gSA

i=koyh dh tkap dh x;h vgdkjh lsok 10 o"kZ ls de gksus ds dkj.k isa'ku gsrq fopkj;ksX; ugha gSA budh fofu;fefrdj.k ,oa ekSfyd lsok fnukad 22-3-2016 ls ekU; dh x;h gSA

d`i;k mijksDr oLrqfLFkfr ls voxr gksus dk d"V djsaA Ádj.k ewy :i ls ÁR;kofrZr fd;k tkrk gSA

layXud & ewy lsokiaftdk ,oa i=tkarA

Hkonh;

gŒvŒ

¼vksadkj 'kqDy½

la;qDr f'k{kk funs'kd

iape e.My okjk.klhA

i`ŒlaŒ@ys[kk@10276&78 2017&18 mlh frfFk

Áfrfyfi fuEufyf[kr dks lwpukFkZ ,oa vko';d dk;Zokgh gsrq Ásf"kr

¼1½ ÁcU/kd@Á/kkukpk;Z] xzkeksn; b.Vj dkyst xkSjkckn 'kkgiqj tkSuiqjA

¼2½ Jh ujflg jk; fuoklh xksikyiqj iksLV dksgMk tkSuiqj

gŒvŒ

¼vksadkj 'kqDy½

la;qDr f'k{kk funs'kd

okjk.klh e.My okjk.klhA**

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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