S.U. Khan, J. - (1.) HEARD learned Counsel for the petitioner.
(2.) THE question involved in this writ petition is as to whether services of petitioner rendered before 1.4.1996 can be counted for the purposes of pension or not? Petitioner claims that he was appointed as peon on 3.1.1978 in Jaiprabha Shiksha Sansthan Bheura Dubolia Bazar, Basti, which is a recog nized Junior High School (hereinafter referred to as 'the school')- Petitioner further claims that his services were regularised on 2.9.1985. The school was brought on grant-in-aid list w.e.f. 1.4.1996. Petitioner retired on 31.12.2002. As Annexure-3 to the writ petition, a Government Order dated 26.7.2001 has been annexed. According to the said G.O., the period of service of teachers and non-teaching employees or recognized schools and colleges prior to the date on which they were brought on grant-in-aid list would also be counted for the pur poses of pension, provided that the contribution of the management towards provident fund of the employee concerned for the said period is deposited along with interest uptil 31.3.2002. It is also mentioned that earlier the said cut off date was 30.6.1999, which was being extended. Earlier as petitioner had filed a writ petition, which was disposed of on 13.4.2004 with the direction to the Basic Shiksha Adhikari, Basti to decide the same. B.S.A. through order dated 4.8.2005 rejected the claim of pension of the petitioner, copy of which is Anneuxre-18 to the writ petition. The said or der is under-challenge through this writ petition.
(3.) IN the impugned order, it is mentioned that manger stated that he had not received any order or direction regarding deposit of P.P. contribution of the management. It is also mentioned in the said order that the entire provident fund (P.P.), which had been deposited by the petitioner after 1.4.1996 since when school was brought on grant-in-aid list, along with interest had been re funded to the petitioner. Representation was rejected on the ground that until 31.3.2002 the last cut off date, contribution of management of provident fund in respect of petitioner was not deposited. Learned Counsel for the petitioner has placed reliance upon a judgment of this Court dated 6.9.2006 delivered in W.P. No. 75746 of 2005, Smt. Shanti Solanki v. State. The said writ petition has allowed only on the ground that counter-affidavit had not been filed, hence there appeared to be no justifica tion for fixing the cut off date of 31.3.2002 as the last date for deposit of the management's contribution toward P.P. together with interest. Last paragraph of the said judgment is quoted below: "Consequently, writ petition is allowed and in case petitioner deposits the management's contribution together with interest within a period of six weeks, the respondents shall extend the benefit of the said Government or der to the petitioner with a further period of six weeks. No order as to costs.";