Dharm Pal Singh vs State of U.P. and Others

U.K. Dhaon and Devi Prasad Singh, JJ.—Heard Sri Vineet Kumar Mishra, the learned Counsel for the petitioner and the learned standing counsel.

The brief facts of the case are that the petitioner was appointed as Hindi Lecturer in Seth Babu Ram Bhartiya Inter College, Pali, District Hardoi. The petitioner has also alleged that the Seth Babu Ram Bhartiya Inter College, Pali, District Hardoi, is a recognised and aided institution from the Government and the services of the petitioner are pensionable. The petitioner has further alleged that he was appointed on 4.10.1980 as Hindi Lecturer in Indira Gandhi Rajkiya Post Graduate College Bangarmau District Unnao. The petitioner has also alleged in the writ petition that he attained the age of superannuation on 31.7.2004.

The learned Counsel for the petitioner submits that the petitioner is entitled for the benefits of the service which he has rendered as Hindi Lecturer in Seth Babu Ram Bhartiya Inter College, Pali, District Hardoi, for the purpose of pensionary benefits. He further submits that in a most illegal manner, the opposite parties have passed the impugned order dated 27.9.2002. He further submits that by an order dated 7.11.2005, the opposite parties have also rejected the representation of the petitioner in an illegal manner.

The learned standing counsel appearing on behalf of the opposite parties, submits that since Seth Babu Ram Bhartiya Inter College, Pali, District Hardoi, was a non-Government aided College, the services rendered by the petitioner as Lecturer in the said college will not be counted for the purpose of pensionary benefits. He further submits that there is no illegality in the impugned order dated 27.9.2002 and the order dated 7.11.2005 by which the representation of the petitioner was rejected by the competent authority.

We have considered the submissions made by the learned Counsel for the parties and gone through the record.

It is admitted case of the parties that Seth Babu Ram Bhartiya Inter College, Pali, District Hardoi, is an aided and recognised institution from the State Government. It is admitted case of the parties that the petitioner was lecturer in Hindi in Seth Babu Ram Bhartiya Inter College, Pali, District Hardoi during the period of 10.7.1969 to 3.10.1980. It is also admitted case of the parties that the petitioner attained the age of superannuation while he was working in Indira Gandhi Rajkiya Post Graduate College Bangarmau District Unnao, as Reader. The petitioner has worked as Hindi Lecturer in the Intermediate College till 3.10.1980 and from the next day i.e., 4.10.1980, he joined as Hindi Lecturer in Indira Gandhi Rajkiya Post Graduate College Bangarmau District Unnao.

We are of the view that the petitioner is entitled for the benefit of service which he has rendered during the period 10.7.1969 to 3.10.1980 as Hindi Lecturer in Seth Babu Ram Bhartiya Inter College, Pali, District Hardoi for the purpose of pensionary benefits. It was the obligation of the opposite parties to count the services of the petitioner for the period 10.7.1969 to 3.10.1980 in view of the Government order dated 26.9.1997.

In the result, the writ petition succeeds and is hereby allowed. A writ in the nature of certiorari is issued quashing the impugned order dated 27.9.2002 a copy of which is annexed as annexure No. 1 to the writ petition and the order dated 7.11.2005 a copy of which is annexed as Annexure No. CA-3 to the counter affidavit and a writ in the nature of mandamus is issued directing the opposite parties to give the benefit of service rendered by the petitioner for the period 10.7.1969 to 3.10.1980 for pensionary benefits.