MOHD TAIYAB v. STATE OF U.P. THROUGH SECRETARY AND 4 OTHERS
WRIA/14371/2021 · 2025-04-23
Vikram D Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 38158 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 38158 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:62819 Court No. - 7 Case :- WRIT - A No. - 14371 of 2021 Petitioner :- Mohd Taiyab Respondent :- State Of U.P. Through Secretary And 4 Others Counsel for Petitioner :- Devi Prasad Tripathi,Manish Kumar Pandey,Syed Mushfiq Ali Counsel for Respondent :- C.S.C. Hon'ble Vikram D. Chauhan,J.
1. Heard learned counsel for the petitioner and learned Standing Counsel for the respondent-State.
2. The present writ petition has been filed with the following prayers :-
"i. to issue a writ order or direction in the nature of mandamus to commanding the respondents to include the petitioner for purpose of contribution into G.P.F. under U.P. Pension Rules 1961 and transfer the contribution of N.P.S. into G.P.F. ii. to issue a writ order or direction in the nature of mandamus to commanding the respondents to decide the representation of the petitioner dated 07.04.2021 within stipulated period as deem fit by this Hon'ble Court."
3. Learned counsel for the petitioner submits that petitioner is working as a Junior Clerk in the Government High School, Gajraula, District Jhansi. Learned counsel for the petitioner further submits that the advertisement against which the petitioner has been recruited was issued in the year 1989 and the petitioner was in the list of successful candidate, however, the appointment letter was issued in the year 2009 after the direction of this Court.
Learned counsel for the petitioner further submits that in view of the Government Order dated 28.6.2024 the petitioner is entitled to be given the benefits of Old Pension Scheme.
4. Learned Standing Counsel for the respondent-State does not dispute the Government Order dated 28.6.2024 and submits that the matter may be remanded back to the District Inspector of Schools, Jhansi - respondent no. 4 for decision afresh in furtherance of the Government Order dated 28.6.2024.
5. Learned counsel for the petitioner has no objection.
6. In view of the aforesaid, the writ petition is disposed of with liberty to the petitioner to file a fresh representation along with the copy of the Government Order dated 28.6.2024 before the District Inspector of Schools, Jhansi - respondent no. 4 within a period of fifteen days from today and the District Inspector of Schools, Jhansi - respondent no. 4 shall pass orders in accordance with law within a period of two months thereafter.
Order Date :- 24.4.2025 VMA Digitally signed by :- VISHWA MOHAN ARORA High Court of Judicature at Allahabad