Court No. - 29 Case :- WRIT - A No. - 31649 of 2007 Petitioner :- Dr. Rama Shanker Shukla Respondent :- State Of U.P. Thru' Principal Secretary And Others Petitioner Counsel :- Anil Tiwari Respondent Counsel :- C.S.C.,P.S. Baghel,Ram Gopal Tripathi Hon'ble Sunil Ambwani,J.
Hon’ble Kashi Nath Pandey,J.
We have heard Shri Anil Tiwari, learned counsel for the petitioner.
Learned Standing Counsel appears for respondent nos. 1 to 4. Shri
Ram Gopal Tripathi appears for respondent nos. 5 and 6.
By this writ petition, the petitioner has prayed for following
reliefs:-
“i. Issue a writ, order or direction in the nature of mandamus directing
the respondents to immediately grant pensionary benefits to the
petitioner pursuant to the Government orders and resolution of the
Executive Council of the University.
ii. Issue a writ, order or direction in the nature of mandamus directing
the respondents to pay the 18% interest on the arrears of payment of
pension.
iii. Issue any other writ, order or direction, which this Hon’ble Court
may deem fit and proper in the circumstances of the case.
iv. Award cost of the petition to the petitioner.”
The petitioner has filed a supplementary affidavit annexing
therewith a decision taken in the letter of the Finance Controller
dated 11/16.8.2007, of the University of Allahabad sent to the
Finance Controller, Higher Education Directorate, (U.P.) Budget,
Degree, Pension Department, Allahabad, stating that by a
resolution of the Executive Committee of the University dated
3.3.1994 it was decided that those teachers, who had resigned prior
to 1984, their resignation should be treated as voluntary retirement
for giving benefit of pension. The petitioner has also annexed a
letter of the Finance Controller, Office of Director of Education
(Higher Education) UP Allahabad dated 13.12.2007 to the Special
Secretary, Higher Education Anubhag-6, Government of UP,
Lucknow for providing guidelines, so that the counter affidavit
may be filed in the High Court. The letter gives in detail the
services rendered by the petitioner in various institutions in the
State of UP and outside and in the University of Allahabad. The
Finance Controller has indicated in the letter, that prior to his
services in the University of Allahabad, the petitioner had served
from 1965-1966 in Central Board for Works Education, Nagpur as
Education Officer and 1969 to 1977 as Lecturer in NCERT New
Delhi. The period of his service in the University of Allahabad is
less than five years and that there are no orders of the Government
for giving benefit of the services rendered outside State of UP.
After giving resignation in the year 1982 the petitioner was
appointed as Professor and Principal Vidya Bhawan Teachers
College, Udaipur and retired on 30.6.1995.
We are of the opinion that the decision in this regard has to be
taken by the State Government, at the first instance, before the
matter may be adjudicated by the Court.
Having regard to the facts and circumstances and sufficient delay
caused in the matter by the State Government, the writ petition is
disposed of with directions that the State Government will decide
the matter within a period of six weeks from the date the petitioner
files a representation giving complete facts and annexing all the
requisite documents, including the aforesaid two letters of the
Finance Controller of the University along with the representation.
Order Date :- 6.7.2010
RKP