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ASHWANI KUMAR MISHRA, SYED QAMAR HASAN RIZVI
State of U. P. – Appellant
Versus
Mahesh Chandra Sharma – Respondent
ORDER :
Order on Delay Condonation Application
1. Heard Sri Neeraj Tripathi, learned Additional Advocate General assisted by Sri Ankit Gaur, learned counsel for the State and Sri Adarsh Singh and Sri Ajeet Singh, learned counsels for the respondent.
2. Reasons for delay in filing the special appeal have been satisfactorily explained. Delay Condonation Application is consequently allowed. Office is directed to treat the appeal as having been filed within time. Regular Number would be allotted to the appeal.
Order on Appeal
1. Heard Sri Tripathi in support of the appeal on merits and Sri Adarsh Singh on behalf of the respondents.
2. Learned Single Judge vide the order under challenge has directed the appellant to process the claim of respondent/petitioner for payment of pension by counting his ad-hoc services rendered on the post of Assistant Teacher in L.T. Grade, prior to his regularization in accordance with Section 33G of the U.P. Secondary Education (Services Selection Board) Act, 1982 (hereinafter referred to as the Act of 1982).
3. Undisputed facts of this case are that the respondent/petitioner was appointed as L.T. Grade Teacher on ad-hoc basis in Kisan Inter College, Taharpur, Amr
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.
Ad-hoc services followed by regularization are considered qualifying service for pension under the U.P. State Aided Educational Institution Employees Contributory Provident Fund, Insurance Pension Ru....
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.....
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....
Ad hoc services can be considered as qualifying service for pensionary benefits under Rule 25 of the Gujarat Civil Services (Pension) Rules, 2002.
Delay in issuing regularization orders does not negate legal entitlements to old pension benefits accrued prior to the new pension scheme implementation.
petitioner has rendered qualifying pensionery service with effect from the date of his initial joining in the department in question, so the same shall be treated as service qualifying for pension an....
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