Neutral Citation No. - 2025:AHC-LKO:27293 Court No. - 3 Case :- WRIT - A No. - 5049 of 2025 Petitioner :- Ripusudan Tiwari Respondent :- State Of U.P. Thru. Secy. Basic Edu. Lko. And 4 Others Counsel for Petitioner :- Dharm Raj Mishra Counsel for Respondent :- C.S.C.,Ran Vijay Singh Hon'ble Rajesh Singh Chauhan,J. Heard Sri Dharam Raj Mishra, learned counsel for the petitioner, Sri Ravi Swaroop Tiwari, learned Additional Chief Standing Counsel for the opposite party nos. 1, 2 and 5 and Sri Ran Vijay Singh, learned counsel for the opposite party no. 3 and 4. By means of this petition, the petitioner has prayed the following relief:- "(i) issue a writ, order or direction in the nature of certiorari for quashing the impugned part of the Government Order dated 11th June 2014 issued by the opposite party No.1 contained as annexure No.8 to this writ petition. (ii) issue a writ, order or direction in the nature of Mandamus commanding and directing the opposite parties to sanction and grant pension under Old Pension Scheme from due date along with the arrear and interest admissible under the law to the petitioner." Learned counsel for the petitioner has stated that the petitioner was initially appointed on the post of Assistant Teacher under dying-in-harness Rules on 16th November 2000. The law is settled on the point that the appointment under dying-in-harness Rules has got permanent feature as said appointment is made either on substantive vacancy or on a supernumerary vacancy. He has further submitted that the cut-off date to get the benefit of old pension scheme is 01.04.2005, therefore, the petitioner is entitled to get the benefit of old pension scheme. The petitioner was provided the status of trained Teacher in November, 2005 and in terms of the Government Order dated 11th June 2014, the benefit of old pension scheme is given to the trained Teacher from the cut-off date. Therefore, the aforesaid benefit of old pension scheme has not been provided to the petitioner. Attention has been drawn towards the judgement and order dated 28.02.2018 passed by this Court in a bunch of petitions, leading writ petition Service Single No. 7762 of 2017, Ravindra Nath Taigor, whereby, this Court allowed all those petitions providing the benefit to the petitioners who were finally appointed before the cut-off date though completed training thereafter. Learned counsel for the petitioner has also stated that against the order of Division Bench, SLP bearing number Civil Appeal No. 8040 of 2019, State of UP and others Vs. Ravindar Nath Taigor has been filed before the Apex Court which is pending consideration. However, no interim order has been granted, though, he contempt proceedings have been stayed. The judgement and order has been assailed before this Court by filing Special Appeal (Defective) No. 34 of 2019 and the said special appeal was dismissed vide judgement and order dated 05.02.2019 (Annexure No. 6). Therefore, the present petitioner is entitled to get the benefit of old pension scheme. Sri Ran Vijay Singh learned counsel for the opposite party nos. 3 and 4 has submitted on the basis of instruction that the petitioner may prefer a representation before the opposite party no. 1 and appropriate decision would be taken in case of all the petitioners in the light of aforesaid development. Therefore, in the light of what has been considered above, I hereby dispose of this petition finally at the admission stage giving liberty to the petitioner to prefer a fresh representation to the opposite party no. 1, i.e, Secretary Basic Education, Government of U.P., Civil Secretariat, Lucknow taking all pleas and grounds which are available to him within a period of fifteen days and the appropriate decision shall be taken by the opposite party no. 1 by speaking and reasoned order is strictly in accordance with law and also in the light of the aforesaid development, with expedition, preferably, within a period of two months and decision thereof maybe intimated to the petitioner, forthwith. It is needless to say that since the controversy in question appears to have been settled, therefore, it is expected from the opposite party no. 1 to pass appropriate order in the case of the petitioner. Order Date :- 9.5.2025 Anurag Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench