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J. J. MUNIR
Ram Pal Singh – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
J.J. Munir, J.
1. The petitioner was appointed on 1.7.1977 as an Assistant Teacher with the Tagore Vidyalaya, Farrukhabad, an unaided Junior High School at the time. The petitioner's appointment was duly approved by the District Basic Education Officer, Farrukhabad (for short, 'the BSA') vide order dated 25.1.1979. His name figured at serial No. 10 of the approval order made by the BSA. The Tagore Vidyalaya, Farrukhabad was upgraded to a High School in the year 1983 and the institution came to be known as the Tagore Higher Secondary School, Dilawarganj, Farrukhabad. It was recognized under the Uttar Pradesh Intermediate Education Act, 1921 and fell within the purview of the Uttar Pradesh Secondary Education Services Selection Boards Act, 1982. The petitioner was promoted to the LT Grade vide order dated 19.8.1994 passed by the District Inspector of Schools, Farrukhabad (for short, 'the DIOS'). His name finds place at Sr. No. 6 of the list, set out in the order of the DIOS. The Tagore Higher Secondary School, Dilawarganj, Farrukhabad was extended the Government grant-in-aid vide order dated 8.2.1996, whereupon the provisions of the Uttar Pradesh High Schools and Intermediat
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....
Vested rights cannot be retroactively revoked by legislative amendments unless explicitly stated, ensuring protection under Articles 14 and 16 of the Constitution.
The main legal point established in the judgment is that teachers at State-aided educational institutions in Uttar Pradesh are governed by the Applicable Rules and not the Government Employees Rules.....
Accrued rights to pension cannot be retrospectively revoked, and continuous ad-hoc service qualifies for pension benefits under applicable rules.
Continuous ad-hoc service followed by regularization counts towards qualifying service for pension, and vested rights cannot be retrospectively revoked.
Recognition of continuous service prior to school approval is essential to entitle employees to pension benefits, despite shortfalls in qualifying service.
A teacher's continuous service before the cut-off date of 1.4.2003 qualifies for old pension benefits despite later regularization, affirming the principle of service continuity.
An officiating principal with requisite qualifications and long service is entitled to pension benefits, regardless of the nature of their appointment.
Continuous temporary service without interruption qualifies for pension under the Uttar Pradesh Contributory Provident Fund Insurance Pension Rules, regardless of Provident Fund contributions.
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