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PRAKASH SINGH
Rudrabhan Singh – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
SHREE PRAKASH SINGH, J.
1. Heard Mr. Adarsh Singh and Ms. Arunima Shukla, learned Counsels for the petitioner, Mr. Shailendra Kumar Singh, learned Chief Standing Counsel and Mr. Vivek Shukla, learned Additional Chief Standing Counsel for the State-respondents.
2. Since, the pure legal question is involved, hence the matter is decided at admission stage.
3. Under challenge is the order dated 21.03.2024 passed by the Deputy Director of Education (Secondary), 9th Region, Ayodhya whereby the matter for grant of pensionary benefits to the petitioner is remitted back.
4. The contention of Counsel for the petitioner is that the petitioner was appointed on the post of Assistant Teacher on ad-hoc basis on 09.08.1995 and he joined thereafter on 14.08.1995 and later on, when the financial concurrence was not granted by the District Inspector of Schools, a writ petition bearing no. 839 (S/S) of 1997 was preferred before this Court, whereby, he was granted salary by an interim order. He further submitted that once the provision under Section 33G of the U.P. Act No. 5 of 1982 was promulgated, the petitioner was considered and his services were regularized vide order dated 08.06.2017 and th
The court established that the definition of 'Teacher' under the Uttar Pradesh University Act includes the petitioner, entitling him to retirement benefits at 65 years.
The court ruled that the entire service of the petitioner from 1979 to 2015 must be considered for pension calculation, subject to the deposit of management contributions, as earlier cut-off dates we....
The extension of the benefit of enhancement of age of superannuation is a policy decision of the Government, but it cannot be used to discriminate against certain employees.
The court ruled that the Secretary must properly examine administrative lapses in delayed pension payments, as mandated by Section 197-A of the Assam Service (Pension) Rules, 1969.
Employee continued in promoted post till superannuation despite stayed reversion entitled to pension on higher post's last pay drawn; reversion not set aside does not affect retiral benefits post-ret....
The court established that once a teacher has reached the age of superannuation, any extension of service must be explicitly provided by law, and the provisions of the UP Intermediate Education Act, ....
Changes to retirement age rules are prospective and cannot be applied retroactively unless explicitly stated.
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