Neutral Citation No. - 2025:AHC:113217 Court No. - 38 Case :- WRIT - A No. - 20405 of 2018 Petitioner :- Ram Lalit Yadav Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Harish Kumar Shukla,Vikrant Pandey Counsel for Respondent :- C.S.C. Hon'ble Donadi Ramesh,J. 1. The present writ petition is filed questioning the order dated 03.04.2014 passed by third-respondent rejecting the claim of the petitioner for grant of family pension as the petitioner has not deposited the contributory fund within time. In fact the petitioner after retirement has approached this Court by filing Writ Petition No.51531 of 2013. The said writ petition was disposed of with the following directions:- "Petitioner's submission is that his claim in question is covered by the judgment passed in the case of Buddhiram Vs. State of U.P. and others (Civil Misc. Writ Petition No. 45217 of 2012) decided on 26.09.2012 and, as such, requisite relief be accorded to him. Consequently, in the facts of the case, District Basic Education Officer, Sant Kabir Nagar is directed to consider and redress the grievance of the petitioner as per the parameter given in the judgment and order dated 26.09.2012 in Civil Misc. Writ Petition No. 45217 of 2012, preferably within four months from the date of presentation of certified copy of the order passed by this Court. With the above direction present writ petition is disposed of. " 2. Consequent upon disposal of the above said orders the respondents have considered and rejected the claim of the petitioner only on the ground of non- depositing the contribution in the provident fund by the petitioner within time. 3. In fact an identical issue fell for consideration before this Court in a bunch of writ petitions in Civil Misc. Writ Petition No.45217 of 2012 (Buddhiram Vs. The State of U.P. and Others), and this Court has passed the following order:- "In view of this, qua incumbents who have been appointed in the said institution and said institution in question has been included in the grant-in- aid list of the State Government prior to 01.04.2005 qua them last opportunity be given by the State Government for enabling them to deposit managerial contribution alongwith with interest and thereafter whatever benefit of the aforesaid old scheme is liable to be extended, the same be extended to said category of incumbents. In respect of institution who have been included in the grant-in-aid list after 01.04.2005 the incumbents working therein their claim would be governed under new pension scheme. In view of aforesaid discussion, Civil Misc. Writ Petition No.45217 of 2012; 45229 of 2012 are dismissed. Civil Misc. Writ Petition No.47649 of 2012 and Civil Misc. Writ Petition No.44742 of 2012 are allowed. Civil Misc. Writ Petition No.55778 of 2010 and Civil Misc. Writ Petition No.47000 of 2010 are dismissed. Petitioner's whose writ petition has been allowed are permitted to deposit contribution with interest within two months from today, and in the event of deposit being made, then benefit of Government Order be extended to them, subject to fulfillment of other terms and condition." 4. The identical issue was considered by this Court in Writ A No.31397 of 2016 and in Special Appeal No.74 of 2009 as the above writ petition were disposed of providing the petitioner to deposit the management contribution together with interest up to the date within a period of six weeks. The respondents shall extend the benefit of the Government Order dated 26.07.2021 to the petitioner after ascertaining the correct facts from the service record. 5. In the instant case, the petitioner has already deposited his portion of contribution on 17.02.2014 and the said receipt is attached along with writ petition. 6. Considering the submissions and perusal of the order passed by this Court and also receipt filed along with writ petition as (Annexure No.5). This writ petition is disposed of directing the respondents to extend the benefit of the Government Order dated 26.07.2021 to the petitioner after ascertaining the correct facts from the service record of the petitioner by giving due opportunity of hearing. This exercise should be completed within a period of two months from the date of a receipt of a copy of this order. Order Date :- 15.7.2025 AdityaG (Donadi Ramesh,J.) Digitally signed by :- ADITYA GAUTAM High Court of Judicature at Allahabad