ANUP KUMAR DWIVEDIversusSTATE OF U.P. AND 4 OTHERS

          HIGH COURT OF JUDICATURE AT ALLAHABAD
                           WRIT - A No. - 15894 of 2026

Anup Kumar Dwivedi
                                                                    .....Petitioner(s)
                                        Versus

State Of U.P. And 4 Others
                                                                  .....Respondent(s)

Counsel for Petitioner(s)           : Raghvendra Pratap Singh, Shvetambari
                                      Singh
Counsel for Respondent(s)           : C.S.C.

Court No. - 6
                   HON'BLE SIDDHARTH NANDAN, J.

1. Heard Shri Raghvendra Pratap Singh, Advocate appearing on behalf of
the petitioner and learned Standing Counsel for the respondents.

2. At the out set, learned counsel for the petitioner has relied upon a decision
of coordinate Bench of this Court dated 08.02.2024 passed in Writ-A
No.1879 of 2024 (Rakesh Kumar Gupta vs. State of U.P. and others), to
contend that a purely legal question is involved which this Court has already
addressed in the case of Satya Prakash Sharma vs. State of U.P. and
others (Writ-A No.2733 of 2023) decided on 23.05.2023, as well as, in Full
Bench decision of this Court in the case of Surendra Prasad Agnihotri vs.
State of U.P. (Special Appeal No.1987 of 2009) decided on 20.05.2010.
For ready reference Paras-8 and 17 of the Full Bench decision is reproduced
below:

"8. The Full Bench of this Court in the case of Surendra Prasad Agnihotri v. State of
U.P.: 2010 0 Supreme (All) 196, very categorically held that an officiating principal
holding substantive post on the basis of seniority and possessing requisite
qualification, if cannot be denied service benefits and in terms of salary, such person
can equally be not denied pension which is also got the service benefits to which
otherwise he would be entitled on the basis of last pay drawn. Vide paragraph 17 of
the judgment the Court answered the reference as under:
"17. In view of the aforesaid facts and circumstances and the legal position, we make
reference for constitution of a Larger Bench to deal with the following question of
law:
"Whether a teacher of Intermediate College who has already been appointed as
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                                                                         2

                                    officiating principal of the Institution by virtue of his seniority on attaining the age of
                                    superannuation in the extended period of his service shall continue as officiating
                                    principal or simply as a teacher?"

                                    3. In view of the aforesaid, he submits that the petitioner is entitled to
                                    pensionary benefits by fixation of pay on the basis of last pay drawn i.e. on
                                    the post of Officiating Principal.

                                    4. The aforesaid proposition has not been disputed by the learned Standing
                                    Counsel.

                                    5. In view of the aforesaid, no fruitful purpose would be served in keeping
                                    the present writ petition pending and on the consent of the parties the writ
                                    petition is being decided at the admission stage.

                                    6. It is not disputed that the petitioner has worked as an Officiating Principal
                                    from 31.07.2018 till his retirement on 31.03.2025, and approval order of the
                                    District Inspector of Schools, Bulandshahar dated 11.02.2019 is also on
                                    record. In view of the settled proposition of law, the authorities are directed
                                    to accord pensionary benefit to the petitioner making fixation of pay on the
                                    basis of last pay drawn and in the light of the Full Bench judgment of this
                                    Court in the case of Surendra Prasad Agnihotri (surpa), expeditiously,
                                    preferably within a period of 30 days from the date of production of certified
                                    copy of this order.

                                    7. With the aforesaid observations/directions, the writ petition stands
                                    disposed off.



                                                                                                  (Siddharth Nandan,J.)
                                    September 30, 2026
                                    piyush




Digitally signed by :-
PIYUSH KUMAR
High Court of Judicature at Allahabad