MAMTA SRIVASTAVA v. STATE OF U.P. THRU. SECY. BASIC EDU. DEPTT. GOVT. OF U.P. LKO. U.P. AND 3 OTHERS
WRIA/5209/2025 · 2025-07-18
Abdul Moin
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 139674 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 139674 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:41246 Court No. - 5 Case :- WRIT - A No. - 5209 of 2025 Petitioner :- Mamta Srivastava Respondent :- State Of U.P. Thru. Secy. Basic Edu. Deptt. Govt. Of U.P. Lko. U.P. And 3 Others Counsel for Petitioner :- Sandeep Kumar Yadav,Abhay Pratap Yadav Counsel for Respondent :- C.S.C.,Uday Veer Singh Hon'ble Abdul Moin,J.
1. Heard learned counsel for the petitioner, Sri Rajiv Singh, learned Additional Chief Standing Counsel for respondents no.1 and 4, and Dr. Udai Veer Singh, learned counsel for respondents no.2 and 3.
2. Although the relief is not happily worded yet learned counsel for the petitioner states that his prayer is for quashing the order dated 16.04.2025, a copy of which is Annexure-2 to the petition, so far as it indicates that the old pension is not payable to the petitioner.
3. It is contended that the petitioner was appointed on compassionate ground on 10.10.2000 and thus would be entitled for the benefit of old pension scheme.
4. It is contended that this aspect of the matter has been considered by this Court in a bunch of petitions leading being Writ Petition No.7762 (SS) of 2017 in re: Ravindra Nath Taigor vs. State of U.P. and others, decided on 28.02.2018.
5. Considering the aforesaid, the writ petition is allowed and the order dated 16.04.2025, a copy of which is Annexure-2 to the writ petition, is quashed. The respondents are directed to reconsider the claim of the petitioner for grant of benefit of the old pension scheme keeping in view the judgment of this Court in the case of Ravindra Nath Taigor (supra).
6. Let such consideration be done within a period of two months from the date of receipt of a certified copy of this order. Order Date :- 18.7.2025 A. Katiyar Digitally signed by :- AMIT KATIYAR High Court of Judicature at Allahabad, Lucknow Bench