Neutral Citation No. - 2025:AHC:88452 Court No. - 38 Case :- WRIT - A No. - 27561 of 2018 Petitioner :- Smt. Bhram Kaur Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Aalok Singh,Bheem Singh,Roshan Kumar Singh Counsel for Respondent :- C.S.C. Hon'ble Donadi Ramesh,J. Heard Shri Mithilesh Kumar Chaudhary, learned counsel for the petitioner and Shri Manvendra Dixit, learned counsel for the respondent. The present writ petition is filed questioning the order dated 9.10.2018 with the consequential requisite to compute the amount of the management contribution towards contributory provident fund for the length of service rendered by the husband of the petitioner in the institution for the period during which the institution was not receiving grants-in-aid from the State Government. Sankat Mochan Uchchttar Madhyamik Vidayalaya, Madak, Aligarh is a recognized High School and is governed by the provisions of U.P. Intermediate Education Act, 1921. It is further stated that the husband of the petitioner was appointed in the aforesaid institution on 03.12.1993 as Assistant Teacher in C.T. Grade. Subsequently, upon the institution having been brought on grants- in-aid, the Manager deposited the Management contribution to General Provident Fund Account amounting to Rs.13,200/-. Consequent upon his retirement from service, the employee's contribution to General Provident Fund account has been released to the petitioner without calculating the amount of service rendered previous to admitting the said institution in the grant in aid as in L.T. Grade. Aggrieved by the same the present writ petition is filed. Learned counsel for the petitioner brought to the notice of the orders passed by the co-ordinate bench of of this Court in Writ A No.28679 of 2009 (Sri Krishna Prasad Yadav and Others Vs. State of U.P. and Others) dated 29.01.2015. The operative portion of the order reads as below :- "The category of Institutions referred in Rule 3 clearly include Primary Sections. It is the undisputed position that the Institutions in which the petitioners were serving had Primary Sections and even though run by Private Management were recognized for the purposes of payment of grant- in-aid. These Rules did not prescribe a cut off date for the purposes of a person becoming eligible for grant of pension thereunder. In fact, Rule 4(b) clearly throws light on this aspect of the matter when it grants an option to existing members in permanent service to opt and elect to be governed by these Rules. The Rules themselves came into effect from 1.10.1964 and would, therefore, be applicable to all thereof. Insofar as the aspect of deposit of management contribution as envisaged under the said Rule is concerned, this Court had already struck down the cut of date of 31st March, 2002 as prescribed by the Government Order dated 26.07.2001 in Smt. Shanti Solanki Vs. State of U.P. and Others passed in W.P. No. 75746 of 2006 and the said decision has been consistently followed in various other cases decided by this Court including W.P. No. 17033 of 2012, Lal Chand Singh Vs. State of U.P. And Others. About the payment of pension being governed solely by the provisions of the Rules 1964, this Court is of the opinion that its applicability could not have been eclipsed or in any manner straddled over by the Government Order dated 20th January, 2004. This Court is in agreement with the judgment rendered by a learned Single Judge in Mangali Prasad (supra) on the issue that merely because there was delay in issuing appropriate clarifications with regard to the applicability of the Rules to Primary Sections, the same could not have denuded the petitioners of their right to claim under the Rules 1964 which curtails the computation of length of qualifying service to the time when the Primary Sections became or came under the grant-in-aid list. Accordingly and in view of the above, this writ petition is allowed and it is accordingly held that the petitioners shall be entitled to pension under the provisions of the Rules 1964. The management contribution required to be deposited may be so made within a period of two months and thereafter the respondents shall proceed to compute the pension of the petitioners taking into account the total length of qualifying service rendered by them and in light of the observations made hereinabove. The pension so computed and becoming liable to be paid to the petitioners from their respective dates of superannuation will be paid within a period of two months from the date of deposit of management contribution and the arrears shall carry interest of 12 per cent per annum." In view of the observations made above, this writ petition is also allowed by holding that petitioner is entitled for pension under the provisions of Rules of 1964. Hence, the management contribution required to be deposited may be so made within a period of two months and thereafter the respondents shall proceed to compute the pension of the petitioner taking into account the total length of qualified service. The pension so computed and becoming liable to be paid to the petitioner from the date of superannuation will be paid within a period of two months, thereafter. Accordingly, the present writ petition is allowed. Order Date :- 23.5.2025 Noman (Donadi Ramesh, J.) Digitally signed by :- NOMAN AHMAD High Court of Judicature at Allahabad