JAYA KAPOOR Vs. STATE OF U P AND 4 OTHERS
LAWS(ALL)-2019-2-101
HIGH COURT OF ALLAHABAD
Decided on February 27,2019

Jaya Kapoor Appellant
VERSUS
State Of U P And 4 Others Respondents

JUDGEMENT

Ashwani Kumar Mishra, J. - (1.) This petition has been filed seeking following reliefs:- "(i) Issue an appropriate writ, order or direction in the nature of mandamus directing the respondents to remit to the Allahabad University, pro-Rata Pension, D.C.R.G. In terms of Government of India, Ministry of Personnel,P.G. And pension, Department of Pension & P.W. OM. No. 28 (10)/ 84-P & PW. Vol. II dated 07.02.1986 read with OM. NO. 28/10/84-Pension Unit dated 29.8.1984 (copy enclosed) and GPF etc. to enable University of Allahabad to count the past services for pension purposes ( as per letter of the University dated 5.8.2015 (Annexure No.6) and reminder dated 10.10.2017 (Annexure No.7) within the time period as fixed by this Hon'ble Court. (ii) Pass such other and further order, which this Court may deem fit and proper in the facts nd circumstances of the case. (iii) Award costs of the petition"
(2.) It appears that pursuant to recruitment exercise initiated by the U.P. Higher Education Service Commission, Allahabad vide advertisement No. 26, the petitioner was selected as Lecturer and was placed at 'Acharya Narendra Deo Nagar Nigam, Mahila Mahavidyalay, District Kanpur'. While continuing as such a vacancy was advertised by the University of Allahabad. Petitioner applied against the aforesaid vacancy through proper channel and was selected and appointed by the University of Allahabad. She is continuing in the English department of the University. Her grievance is that necessary records relating to her previous working in respondent no. 5 institution have not been transmitted to the Allahabad University, on account of which her salary is not being correctly fixed and various service benefits are being denied to her.
(3.) While entertaining the writ petition, this Court passed following orders on 22.2.2018:- "The petitioner is a lecturer in English Department of the Allahabad University. Before joining the University of Allahabad on 21.8.2010 she was working in the Acharya Narendra Deo, Nagar Nigam Mahila Mahavidyalay, Kanpur from 9.9.1999 to 21.8.2010. She is not being given promotional and other benefits such as pro rata pension, GPF etc., as the service record is not being forwarded to the University despite repeated letters issued on behalf of the University of Allahabad. Sri Vevek Verma, learned counsel appearing for respondents no. 2 to 5 may seek instructions why there is delay in sending the relevant record and the funds in relation to the petitioner to the University. Put up on 28th February 2018.";


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