Allahabad High Court
SUDHARAJ SINGH AND 3 OTHERSversusSTATE OF U.P. AND 4 OTHERS
- Decided
- Bench
- MANJU RANI CHAUHAN
Holding
The petitioners must make fresh individual applications before the District Basic Education Officer, and the court will not decide the substantive pension claim.
Summary
The petitioners, four employees, sought the benefit of the Old Pension Scheme based on a Government Order dated 28‑06‑2024, alleging that their claim was pending before the District Basic Education Officer, Bijnor (respondent No.5). They filed a writ petition requesting the court to direct the officer to consider and decide their claim. The respondents argued that the petitioners must first file fresh individual representations before the competent authority, which would then be decided according to law. The court, without expressing any view on the merits, disposed of the writ petition, directing the petitioners to file fresh individual applications within three weeks, and ordering the officer to decide them within two months, providing a reasoned order. Thus, the petition was dismissed without adjudicating the substantive pension claim.
Issues considered
- Whether the court can directly order the District Basic Education Officer to decide the petitioners' claim for the Old Pension Scheme.
- Whether the petitioners must first file fresh individual representations before the competent authority before seeking judicial intervention.
Subjects
- Old Pension Scheme
- Writ Petition
- Administrative Law
- District Basic Education Officer
- Pension Benefits
- Fresh Representation
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 14032 of 2026
Sudharaj Singh And 3 Others
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Bhuvnesh Kumar Singh
Counsel for Respondent(s) : Bhupesh Pratap Singh, C.S.C.
Court No. - 52
HON'BLE MRS. MANJU RANI CHAUHAN, J.
Learned counsel for the petitioners is permitted to correct spelling of
petitioner no.4, in the array of parties, during the course of the day.
Heard learned counsel for the petitioners, Mr. Bhupesh Pratap Singh,
learned counsel for the respondent-BSA and learned Standing
Counsel for the State.
Learned counsel for the petitioners submits that the grievance of the
petitioners, who are four in number, regarding grant of the benefit of
the Old Pension Scheme, in light of the Government Order dated
28.06.2024, is pending consideration before respondent no. 5.
Therefore, a direction may be issued to respondent no. 5 to consider
and decide the claim of the petitioners, in accordance with law.
Learned counsel for the respondents submit that in case fresh,
individual, representation is moved by the petitioners before the
competent authority, the same will be considered and decided in
accordance with law.
Considering the facts and circumstance of the case but without
expressing any opinion on the merits of the case set up on behalf of
the petitioners, the present writ petition is disposed of by providing
that petitioners may make fresh applications/representations,
individually, ventilating all their grievances, supported by such
documents, as may be advised, before the respondent no.5 District
Basic Education Officer, Bijnor, within three weeks from today
WRIA No. 14032 of 2026
2
along with a certified copy of this order. On such representation
being made, respondent no.5 shall make all endeavours to consider
and decide the same, strictly in accordance with law, by means of a
reasoned and speaking order, after giving proper opportunity of
hearing to all concerned, as expeditiously as possible, preferably
within a period of two months from the date of production of
certified copy of this order, if there is no legal impediment.
(Mrs. Manju Rani Chauhan,J.)
September 8, 2026
Rahul.
Digitally signed by :-
RAHUL GOSWAMI
High Court of Judicature at Allahabad
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