NPS फॉर्म न भरने पर बीएसए बहराइच द्वारा वेतन पर रोक लगाने सम्बन्धी आदेश पर मा0 उच्च न्यायालय ने लगाई रोक, आदेश देखें

NPS फॉर्म न भरने पर बीएसए बहराइच द्वारा वेतन पर रोक लगाने सम्बन्धी आदेश पर मा0 उच्च न्यायालय ने लगाई रोक, आदेश देखें

बहराइच बीएसए के विरुद्ध आदेश:-

Court No. - 23
Case :- SERVICE SINGLE No. - 9336 of 2019
Petitioner :- Vinay Kumar Singh & Others
Respondent :- State Of U.P. Thru. Prin. Secy. Basic Edu. Anubhag-4 & Ors.
Counsel for Petitioner :- Avdhesh Shukla
Counsel for Respondent :- C.S.C.,Ghaus Beg
Hon'ble Rajesh Singh Chauhan,J.
Heard Sri Avdhesh Shukla, learned counsel for the petitioners.

Notices for opposite parties no. 1 and 3 have been accepted by the office
of learned Chief Standing Counsel while Sri Ghaus Beg, learned counsel
has accepted notice for opposite parties no. 2 and 4.
By means of this petition the petitioner has assailed the order dated
4.2.2019 passed by the District Basic Education Officer, Bahraich
whereby the petitioners are being coerced to fill the National Pension
Scheme form and if the same is not filled, as indicated in this order the
salary of the petitioners and other persons would be stopped.
Learned counsel for the petitioner has drawn attention of this Court
towards Annexure no. 6 which is a Government Order dated 22.11.2018
issued by the Chief Secretary, Government of U.P. addressed to all
government authorities directing specifically that the persons who are
covered under the National Pension Scheme shall fill up the National
Pension Scheme form but in any case the salary of those persons may not
be stopped. The submission of learned counsel for the petitioner is that
while passing the order dated 4.2.2019 (Annexure no. 1 to the writ
petition) the reference of the order dated 22.11.2018 issued by the Chief
Secretary, Government of U.P. has not been given. Therefore, it appears
that this order has been passed without considering the relevant material
without application of mind.
By means of this petition the petitioner has also prayed that the opposite
parties be directed to allow the petitioner to opt out from the National
Pension Scheme.
Learned counsel for the opposite parties pray for and are granted three
weeks time to file counter affidavit. Rejoinder affidavit may be filed in
two weeks thereafter.
List this petition in the week commencing 13.5.2019 as fresh.
Till the next date of listing the operation and implementation of order
dated 4.2.2019 (Annexure no. 1 to the writ petition) passed by District
Basic Education Officer, Bahraich shall remain stayed.
Order Date :- 4.4.2019/Om
[Rajesh Singh Chauhan, J.

हरदोई लेखाधिकारी के विरुद्ध वर्तमान आदेश:-

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH

?Court No. - 8
Case :- WRIT - A No. - 6697 of 2022
Petitioner :- Gyanendra Singh And Others
Respondent :- State Of U.P. Thru. Prin. Secy. Basic Education Anubhag-4 Lko. And 3 Others
Counsel for Petitioner :- Ravindra Kumar Yadava
Counsel for Respondent :- C.S.C.,Ajay Kumar,Ran Vijay Singh

Hon'ble Abdul Moin,J.
Heard learned counsel for the petitioner, learned Standing Counsel for respondent no. 1, Shri Ranvijay Singh, learned counsel for the respondent no. 2 and Shri Ajay Kumar, learned counsel for the respondent no. 3.
There is consensus at the bar that the matter in issue is squarely covered by interim order of this Court dated 04.04.2019 passed by this Court in Writ Petition No. 9336 (SS) of 2019 in re: Vinay Kumar Singh and others vs State of U.P. vs others.
Accordingly, list this petition alongwith the Writ Petition No. 9336 (SS) of 2019.
Considering the order of this Court dated 04.04.2019 in the case of Vinay Kumar Singh(Supra) it is provided that till the next date of listing the operation and implementation of order dated 19.09.2022, a copy of which is annexure 1 to the petition, passed by the Finance and Account Officer, Basic Education, Hardoi shall remain stayed
Learned counsel� for the respondents pray for and are granted four weeks' time to file counter affidavit to which rejoinder affidavit may be filed within next two weeks.
List thereafter.
Order Date :- 30.9.2022
J.K. Dinkar

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