- (1.) Heard Shri Khalil Ahmad Ansari, learned counsel for the petitioner and Shri Upendra Singh, learned standing counsel for the respondents no. 1 and 2. No one has appeared for the respondents no. 3,4 and 5. This writ petition was initially filed by the petitioner seeking a direction to the respondents to pay her pension from 1.7.1997 alongwith all arrears of difference of salary and other retiral benefits. Subsequently it appears that during the pendency of the writ petition the orders dated 30.9.2002 and 10.2.203 were passed which have also been challenged by way of amendment.
(2.) Briefly stated the case of the petitioner is that she was originally appointed as Assistant Teacher in a primary school, Harthala Colony, Moradabad in the railway notified area by an order dated 27.7.1965. She continued to teach as such and was also confirmed on the said post and subsequently retired on 30.6.1997 on attaining the age of 60 years. It is also stated that subsequently the institution came within the limits of Moradabad Mahanagar and in view of the provisions of U.P. Basic Education Act, 1972 all the staff members of the school automatically became employees of the Board (Nagar Basic Shiksha). The Head Master of the school wrote a letter to the Moradabad Nagar Palika informing him that the employees of the school are getting benefits like payment of regular salary, house allowances etc. but they are not getting benefit of pension after retirement although the same is provided for under the Act. The amount of provident fund is also being paid to the employees. The petitioner also submitted an application before the Mukhya Nagar Adhikari mentioning therein that she is going to retire on 30.6.1997 and that she may be paid all her retiral benefits like G.P.F., emoluments of insurance, arrears of salary as well as pension w.e.f. 1.7.1997. By an order dated Nil of 1997, copy of which has been filed as Annexure-4 to the writ petition, the petitioner was informed by the office of the Nagar Nigam, Moradabad that she was going to retire on 30.6.1997. By another letter dated 8.7.1997, Annexure-5 to the writ petition, Mukhya Nagar Adhikari wrote to the Director Local Bodies, U.P. Lucknow to the effect that the railway settlement Nagar Panchayat has been merged in the Nagar Nigam, Moradabad under orders of the Government and, therefore, relevant papers in respect of payment of insurance, emoluments of the petitioner are being sent for payment. When no action was taken, the petitioner submitted an application on 8.11.1997 before the Mukhya Nagar Adhikari, Moradabad praying that she may be paid her pension according to the Rules. Another letter in respect of her claim for group insurance was also made on 22.11.1997. The petitioner also claimed that she had been promoted as Assistant Teacher in the Junior High School by order dated 27.2.1997 and because she retired on 30.6.1997 from the Junior High School, therefore, she was also entitled for payment of arrears of salary in the grade of 1350 - 2010. At the time of admission of the writ petition on 23.8.2002, this Court had been pleased to direct the petitioner to approach the concerned authority/respondent for payment of her post retiral benefits by filing a comprehensive representation alongwith certified copy of the Court's order with a further direction to the concerned authority to decide the representation by a reasoned and speaking order. In compliance of the order of this Court, the petitioner preferred her representation and thereafter the impugned order dated 30.9.2000 was passed rejecting her representation as well as her claim. The petitioner submitted another representation dated 30.10.202 which was also rejected on 10.12.203 stating that no new ground has been taken in the subsequent representation.
(3.) A short counter affidavit was filed by one Roop Chand Saini, who was impleaded as respondent no. 5 in the writ petition and against whom allegation of seeking bribe from the petitioner was made in which it has been stated that the railway settlement area came under the management of the Nagar Nigam, Moradabad in view of the gazette notification dated 4.8.1994 but there was some litigation between the railways and the Nagar Nigam with regard to the exact area which is stated to be still pending. It is also stated that the petitioner had filed a writ petition no. 5720 of 1999 (Smt. Firdaus Sultana Vs. Zila Basic Shiksha Adhikari) in which a direction has been given to the Basic Shiksha Adhikari to decide the matter of the petitioner. The Basic Shiksha Adhikari did not pass any order on the petitioner's application but through his letter dated 20.7.1999 forwarded the application to the Mukhya Nagar Adhikari but since the regulations were not available in the office of the respondent, the matter could not be finalized thereafter an order was passed by the Court on 8.9.1999 directing as to why contempt proceedings be not initiated against the respondent. It was also directed that if the order of the Court passed in W.P. No. 15720 of 1999 dated 16.4.1999 is not complied with the respondent shall make payment of pension to the petitioner. In paragraph 11 of the counter affidavit of Roop Chand Saini it was stated that the petitioner was paid all the arrears of salary in the revised pay scale as well as arrears of dearness allowance amount of Rs. 17,967/- on 12.10.1999. So far as the payment of insurance money is concerned, it was stated that the same was to be paid by the Director Local Bodies, Lucknow. In paragraph 13 of the short counter affidavit it was also stated that for the purposes of payment of pension the petitioner, in terms of regulation 3(2) of the Nagar Nigam Non-Centralized Service Retirement Benefit Rules, 1998, was required to deposit the amount of provident fund contribution and bonus withdrawn from the provident fund account alongwith the interest only thereafter she would be entitled to receive the pension. The petitioner was also informed of this vide office letter dated 11.10.1999 which was received by her on 12.10.1999. It was stated that as soon as she deposited the amount of provident fund contribution and bonus the payment of pension would be made. It is stated that the pension rule came into existence on 10.7.1999.;