URBISH CHANDRA MISHRA Vs. STATE OF U. P THROUGH PRINCIPAL SECRETARY,DEPARTMENT OF EDUCATION,U. P SHASAN,LUCKNOW,U. P AND OTHERS
LAWS(UTN)-2001-9-15
HIGH COURT OF UTTARAKHAND
Decided on September 28,2001

Urbish Chandra Mishra Appellant
VERSUS
State of U. P Through Principal Secretary,Department of Education,U. P Shasan,Lucknow,U. P Respondents

JUDGEMENT

P C.VERMA, J. - (1.)THE petitioner was appointed as Lecturer on 4.7.1955 in the Intermediate College, Kapkote (District­ Almora), which was an aided institution and served there till 4.7.1966. The peti­tioner left this institution and joined the Kisan Krishi Uchchatar Madhyamik Vidyalaya, Gurada, District Almora and served there from 5.7.1966 to 30.6.1967 as principal. Thereafter he joined in Sri Narayan Swami Inter College, Ramgarh (District-Nainital) on 1.7.1967 and served in the said institution upto 24.9.1967. On 25.9.1967, the petitioner joined as Lec­turer in Pant Nagar Intermediate College, Pant Nagar, District Nainital and served there till 3.2.1977 and on 4.2.1977 he joined in the Intermediate College, Devlikhet (District Almora) as principal and served here till 28.2.1978. Thereafter the petitioner was taken in the Government service and he served as Lecturer in the Government Inter College w.e.f. 1.3.1978 and contributed in the Provident Fund Scheme till 31.1.1992. He superannuated on 31.1.1992.
(2.)THE grievance of the petitioner is that though the period of service from 14.7.1955 to 4.7.1966 have been counted for the pensionary benefits, the period from 5.7.1966 to 24.9.1967, during which pe­riod he rendered his services in the two in­stitutions, namely, Kisan Krishi Uchchatar Madhyamik Vidyalaya, Gurada (District­Almora) and Sri Narayan Swami Inter College, Ramgarh (District-Nainital) has not been counted. This period has rightly not been computed for the pensionary benefits as at that time contributory Provi­dent Fund Scheme was not available. Therefore, the petitioner gives up his claim for the purpose of the pensionary benefits. The petitioner claims that the period from 25.9.1967 to 28.2.1978 should have been counted for the purposes of pensionary benefits in view of the Government order dated 13th June, 1979, contained in Annexure No. 1 to the writ petition and the subsequent Government Orders.
In the counter affidavit, it has spe­cifically been stated that since the deduc­tions made were not deposited in the Gov­ernment Treasury for this period by the petitioner, therefore, this period could not be counted in view of the Government Order dated 13th June, 1979.

(3.)THE Government Order dated 13th June, 1979 was issued to give benefit to those teachers who were earlier in the pri­vate aided institutions and were subse­quently taken into Government service to serve the various Government Colleges and by said Government Orders it has been provided that the service shall be counted for the purpose of pensionary benefits pro­vided the amount deposited in the con­tributory provident fund scheme alongwith interest is transferred to the Government Treasury within one year either from the date from with he was taken into Govern­ment service or from the date of issue of Government Order. In the present case, admittedly the amount was not transferred in the Government Treasury, which the pe­titioner contributed in the provident Fund Scheme. Therefore, the benefit was not given to the petitioner.
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