Pension eligibility is not contingent upon G.P.F. deductions; a retiree cannot be penalized for non-deduction due to administrative faults.

JUDGMENT :

Subhash Vidyarthi, J.

Upon an oral prayer made by learned counsel for the petitioner, he is permitted to implead the Deputy Director of Education (Secondary) Kanpur Region, Kanpur as opposite party No. 7.

2. Heard Sri Ashok Khare, learned Senior Counsel assisted by Sri Siddharth Khare, learned counsel for the petitioner and Sri Saurabh, learned counsel appearing for respondent Nos. 1 to 5.

3. By means of the instant writ petition filed under Article 226 of the Constitution of India, the petitioner has prayed for issuance of a direction to the respondents to pay pension to him, as he has retired from the post of Assistant Teacher L.T. Grade in M.M. Ali Memorial Higher Secondary School, Bekanganj, Kanpur Nagar. The petitioner has also sought a direction to the respondents to permit him to deposit the outstanding amount of contribution towards General Provident Fund (G.P.F.) in case the same is to be treated as a condition precedent for sanction payment of pension.

4. In furtherance of an advertisement issued by the Management of M.M. Ali Memorial Higher Secondary School, Kanpur Nagar for making appointments against four posts of Assistant Teacher L.T. Grade in the college, the petitioner had participated in the selection process and he was selected. An appointment letter dated 6.11.2004 was issued to him after seeking approval from the District Inspector of Schools, Kanpur Nagar. The petitioner joined his duties on 8.11.2004.

5. The District Inspector of Schools passed an order dated 17.3.2005 declining sanction for payment of salary to the petitioner. The petitioner filed Writ-A No. 36436 of 2005, which was allowed by means of a judgment and order dated 23.7.2009, passed by this Court directing the D.I.O.S. Kanpur to reconsider the petitioner's case.

6. The D.I.O.S. passed an order dated 20.11.2009, sanctioning payment of salary to the petitioner with effect from the date of the aforesaid order. The petitioner challenged the order dated 20.11.2009 by filing Writ-A No. 6461 of 2011, which was allowed with costs by means of a judgment and order dated 1.4.2016 and the order passed by the D.I.O.S., which limited in payment of salary to the petitioner only from the date of approval granted by him, was quashed and it was ordered that the petitioner would be paid salary since the date of his joining i.e. on 8.11.2004. Thereafter, the D.I.O.S. passed an order dated 5.9.2016 ordering payment of arrears of salary to the petitioner in compliance of an order passed by this Court. However, while paying salary to the petitioner, no deduction was made towards his contribution to the General Provident Fund.

7. On 13.10.2022, the Finance and Accounts Officer (Secondary Education), Office of D.I.O.S. Kanpur sent a letter to the Principal of M.M. Ali Memorial Higher Secondary School, Kanpur Nagar informing that G.P.F. account No. 370407 had been allotted to the petitioner and it was directed that 10% of the basic salary payable to the petitioner be deducted towards G.P.F. contribution. In reply to the aforesaid letter, the Principal of the college wrote a letter dated 19.10.2022 to the Finance and Account Officer stating that the petitioner was scheduled to retire on 31.3.2023 and as per the relevant Rules, G.P.F. deduction stops six months prior to his retirement. Merely 05 months and 13 days remained to petitioner's retirement and, therefore, monthly deduction towards G.P.F. contribution of the petitioner was not permissible as per rules.

8. The college forwarded the requisite papers for payment of pension to the petitioner on 20.3.2023. The petitioner retired on 31.3.2023, but pension has not been paid to him and the instant writ petition has been filed by the petitioner for the aforesaid reason.

9. The D.I.O.S. has filed his personal affidavit inter alia stating that the Government Order dated 31.3.1978 provided for payment of pension to teachers who had worked in Government-aided secondary institutions and it further provided that 10% of th