UMESH CHANDRA Vs. STATE OF U P
LAWS(ALL)-2012-9-225
HIGH COURT OF ALLAHABAD
Decided on September 20,2012

UMESH CHANDRA Appellant
VERSUS
STATE OF U P Respondents

JUDGEMENT

- (1.) HEARD learned counsel for the petitioner, learned Standing Counsel and perused the record.
(2.) THE relief sought for in the present petition is to issue mandamus commanding the respondents no.3 and 4 to calculate the pension of the petitioner taking into account the sixty six half yearly periods of service of the petitioner treating the same as pensionable service for culculation of pension and arrears and to permit the petitioner to deposit the amount of management's contribution with interest. Brief facts are that the petitioner was initially appointed on the post of Lecturer in physics in Janta Vidhyalaya Inter College, Purepandey, Rae Bareli. From there he was transferred in accordance with rules to K.V.M. Inter College, Kamla Nagar, Allahabad w.e.f. 18.8.1982 and joined on the same day as Lecturer in physics. He discharged his duties without any complaint and retired on 30.6.2007. Earlier the C.P.F. Scheme was applicable upto March, 1978, which was deposited with the post office Sareni, Rae Bareli. Thereafter, Contributory Provident Fund Scheme was converted into General Provident Fund Scheme in which the option was to be given by the teachers to opt the pensionary benefit. If teachers opted pensionary scheme then they were required to return the management's contribution in the Government Treasury. Subsequently, the State Government issued a G.O. dated 26.7.2001 to extend the period for deposit of management's contribution along-with interest in the Government Treasury upto 30.3.2002. On such deposits the period of service rendered in the institution prior to its bringing on grant-in-aid would be counted for pensionary benefit.
(3.) THE counsel for the petitioner submitted that the aforesaid amount could not be deposited as the petitioner was not aware and informed regarding the details of management's contribution. However, he gave representation and even he was ready to deposit the aforesaid amount. The representation dated 17.1.2008 is still pending. However, neither he has been permitted to deposit the amount nor the representation has been decided.;


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