RAM SHIROMANI SHUKLA Vs. STATE OF U.P. AND OTHERS
LAWS(ALL)-2013-4-267
HIGH COURT OF ALLAHABAD
Decided on April 15,2013

Ram Shiromani Shukla Appellant
VERSUS
State of U.P. and others Respondents

JUDGEMENT

- (1.) Heard learned counsel for the petitioner. The petitioner applied against the Advertisement of 1998 and was selected by the Board in the year 2000 against the post of Lecturer in Hindi. The said select list contained the name of the petitioner as a wait listed candidate at serial No. 2 in the panel. The candidate at serial No. 1 did not joined. Consequently, the petitioner staked his claim by filing a writ petition in which a direction was issued to the District Inspector of Schools concerned to pass an appropriate order on the said claim of the petitioner.
(2.) The District Inspector of Schools has rejected the request of the petitioner vide order dated 13.1.2006. The petitioner aggrieved by the said order filed a writ petition before this Court which was allowed on 22.1.2007. The aggrieved person filed a special appeal in which at the interim stage a direction was issued to the authority, to allow the present petitioner who was a respondent in the appeal, to join the institution. The petitioner has been issued an order of joining dated 8.10.2007. Consequently the petitioner joined on 16.10.2007 and is functioning as such.
(3.) The issue in the present writ petition is with regard to the applicability of the Government order dated 28.3.2005 in relation to the benefits of pension rules to the petitioner. The petitioner contends that since he was then selected in 2000, therefore, the rule as was applicable should be applied and not the new pension scheme under the Government order dated 28.3.2005.;


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