एनपीएस फार्म न भरने वाले शिक्षकों के वेतन रोकने वाले बीएसए बहराइच के आदेश पर माननीय उच्च न्यायालय ने लगाई रोक,आदेश देखें

एनपीएस फार्म न भरने वाले शिक्षकों के वेतन रोकने वाले बीएसए बहराइच के आदेश पर माननीय उच्च न्यायालय ने लगाई रोक,आदेश देखें

नवीन पेंशन योजना (NPS) फॉर्म न भरने पर बीएसए बहराइच द्वारा वेतन पर रोक लगाने सम्बन्धी आदेश पर मा0 उच्च न्यायालय ने लगाई रोक, आदेश देखें
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.