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1991 DIGILAW 106 (ALL)

Chandra Mohan Singh v. State of U. P

1991-01-19

G.K.MATHUR, V.N.KHARE

body1991
JUDGMENT G.K. Mathur, J. - By means of this petition the petitioners pray for a writ of mandamus directing the respondents to extend the benefits of the Government Order dated 12th October, 1984 to petitioners in the new Pension Scheme as framed by the notification dated 31st March, 1978. 2. The petitioners were teaching and non-teaching staff in a non-government aided institution and that for certain reasons beyond their control, they could not exercise their option as completed in the new pension scheme within the time stipulated. However, in view of the notification dated 12th October, 1984 they complied with the provisions of the new scheme but they have been illegally deprived of the benefit of the said scheme in view of the notification dated 23rd April, 1985 issued by the opposite party No. 1. 3. We have heard the learned counsel for the petitioners as well as the learned standing counsel. 4. Learned counsel for the petitioners replaced reliance on the Division Bench decisions of this Court in Civil Miscellaneous Writ Petition No. 73713 of 1984, Sri Bhawan Chandra Joshi and others v. State of U.P. and others, decided on 20th April, 1987 and Civil Miscellaneous Writ Petition No. 21578 of 1988, Mohan Lal Gupta and others v. State of Utter Pradesh and others, decided on 10th November, 1988. Learned counsel also pointed out that the Stale Government had preferred a Special Leave Petition No. 13583 of 1987 before the Supreme Court against the decision dated 20th April, 1987 referred to above but the same has been dismissed on 5th September, 1988. 5. In view of what has been laid down by this Court in the aforesaid two decisions, writ which we respectfully agree, we direct the respondent that subject to the petitioners' complying with the formalities prescribed under the notification dated 12th October, 1984, the respondents ought to admit the petitioners to the now benefit scheme in terms of the said notification. The writ petition is accordingly disposed of. However, looking to the facts and circumstances of the case there will be no order as to costs.