Surya Prakash Kesarwani, J. - (1.) Heard Sri Yogesh Agarwal, learned counsel for the petitioner and Sri Ajit Kumar Singh, learned Additional Advocate General assisted by Sri I.S. Tomar, learned Additional Chief Standing Counsel for the State respondents.
(2.) This is the fourth round of litigation by the petitioner to get pension which was part of service conditions of her husband, namely Sri Nigam Singh who was working as clerk in Sunder Mundar Jaiswal Nagar Palika Inter College, Mirzapur. He retired on 30.09.1999 and died on 28.03.2010.
(3.) It appears that a Government Order No.5310/iUnzg-8-3004(2)/1974 dated 31.03.1978 was issued by the State Government and in consequence thereof, the D.I.O.S. Mirzapur vide letter No. ys[kk /15940-16019/1979-80, dated 24.01.1980, required teaching and non-teaching staff of educational institutions being run by Local Bodies to fill-up option form for provident fund and pension. Another Government Order No.4376/15-8-90/3003/(78)/90, dated 06.10.1990 was issued providing for fill up option by teaching and non-teaching staff of Educational Institutions regarding provident fund and pension. The District Inspector of Schools, Mirzapur accepted the option of teaching staff but rejected the option of non-teaching staff. Consequently, a non-teaching staff Sri Shiv Vibhuti Singh and husband of the petitioner Sri Nigam Singh filed a Writ Petition No.2213 of 1999 which was disposed of by order dated 08.02.1999. In compliance to the aforesaid order of this Court dated 08.02.1999, the option exercised by non-teaching staff was accepted by the D.I.O.S. Vide letter No.G.P.F./9855/99-2000, dated 04.12.1999. Thereafter, the provident fund of non-teaching staff including the husband of the petitioner was being deducted and deposited along with the contribution of management under the head "General Provident Fund". On retirement, on 13.09.1999, the husband of the petitioner completed formalities of his pension papers which were forwarded by the D.I.O.S. Mirzapur for sanction to the Deputy Director of Education, Vindhyachal Division, Mirzapur. The pension of aforesaid Sri Shiv Vibhuti Singh was sanctioned by Letter No.2467-2471, dated 21.11.2001 but pension papers of the husband of the petitioner was forwarded to the Directorate of Education for guidance.;