Allahabad High Court
ANURAG SINGH AND 54 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- MANJU RANI CHAUHAN
Holding
The Court held that the petitioners must first make fresh individual representations before the competent authority, which shall then decide the claims within a stipulated period.
Summary
The petitioners, 55 assistant teachers, filed a writ petition seeking a court order directing the respondents to deposit their monthly contributions under the National Pension Scheme (NPS) from the date of their appointment, relying on Clauses 2(Ka) and 2(Ga) of a Government Order dated 13‑02‑2019. The petitioners claimed that despite several representations to the concerned authority, no action was taken. The respondents argued that the petitioners must first make fresh individual representations before any order can be passed. The Court, without expressing an opinion on the merits, directed the petitioners to file fresh applications/representations, supported by relevant documents, within three weeks, and instructed the competent authority to decide the matters expeditiously, preferably within two months, after giving a hearing. Consequently, the writ petition was disposed, and the matter was remanded to the authority for adjudication.
Issues considered
- Whether the petitioners are entitled to a mandatory direction for immediate deposit of NPS contributions without filing fresh individual representations before the competent authority.
Subjects
- National Pension Scheme
- Government Order
- Writ Petition
- Deposit of Contributions
- Competent Authority
- Representation
- Hearing
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 14273 of 2026
Anurag Singh And 54 Others
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Navin Kumar Sharma
Counsel for Respondent(s) : C.S.C., Kushmondeya Shahi
Court No. - 52
HON'BLE MRS. MANJU RANI CHAUHAN, J.
Heard learned counsel for the petitioners, Mr. Dinesh Kumar,
Advocate, holding brief of Mr. Kushmondeya Shahi, learned counsel
for the respondent-BSA and learned Standing Counsel for the State.
The petitioners who are 55 in number have approached this Court
with the prayer to direct the respondents to deposit the petitioners'
monthly contributions under National Pension Scheme since the date
of joining of the petitioners on the post of Assistant Teachers in
Primary School, as per Clause 2 (Ka) and 2 (Ga) of the Government
Order dated 13.02.2019.
Learned counsel for the petitioners submits that in this regard the
petitioners have preferred several representations to the authority
concerned but to no avail. Therefore, a direction may be issued to the
competent authority to decide the claim of the petitioners, in
accordance with law, within stipulated period.
Learned counsel for the respondent-BSA submits that in case fresh
individual representations are made by the petitioners before the
authority concerned, appropriate orders shall be passed in accordance
with law.
Considering the facts and circumstances 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 the petitioners may make fresh applications/representations,
WRIA No. 14273 of 2026
2
individually, ventilating all their grievances, supported by such
documents, as may be advised, before the competent authority,
within three weeks from today along with a certified copy of this
order. On such representation being made, the competent authority
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 the parties 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 9, 2026
Rahul.
Digitally signed by :-
RAHUL GOSWAMI
High Court of Judicature at Allahabad
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