NIRANJANABEN VINODCHANDRA DAVE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present petition is filed by the petitioner for the reliefs to the effect that the petitioner be declared as entitled for the benefits of pension scheme and also the gratuity. The petitioner has also prayed for the directions that the authorities shall pay the petitioner arrears from the date of her retirement.

(2.) The petitioner was initially appointed as Assistant Teacher in PCN High School, Meghraj, where the petitioner worked upto October 1962. Thereafter, the petitioner was appointed as Assistant Teacher at PG Mehta High School, Malpur where she continued upto 3.11.1963. Thereafter, the petitioner was appointed as Assistant Teacher on 13.6.1966. The petitioner retired on her reaching the age of superannuation on 31.5.1996. It is the case of the petitioner that until the petitioner retired on reaching the age of superannuation, the scheme of pension and gratuity was not introduced for the private primary schools. Therefore, the petitioner is not given pension. It is only in the year 1998 that the petitioner came to know from reliable sources that as per the Court's order, pension scheme is now made applicable to the primary teachers also and therefore, the petitioner made a representation to respondent no.3, District Education Officer, Gandhinagar. It is the case of the petitioner that respondent no.3 asked respondent no.4- school, namely, Sheth Bhikhabhai High School at and post Isanpura Mota, Taluka & District Gandhinagar to send any order, if passed by the Govt. in this regard. It is the case of the petitioner that respondent no.4 school issued certificate to the effect that the petitioner was not a member of the CPF Scheme, but has contributed towards GPF, where the Govt. was not contributing. The petitioner having not received any satisfactory reply from the respondent, had represented before various forums like Lok Darbar, etc. but all in vain. The petitioner having received a letter from respondent no.1, the Secretary, Education Department, whereby the petitioner is denied the benefits of pension/ gratuity to the petitioner, has approached this Court.

(3.) The petition is filed mainly on the basis that this Court (Coram : S.K. Keshote, J.) had decided Special Civil Application No.3635 of 1982 by an order dated 18.1.1997. While dealing with the mater, the Court has observed as under in para 13 :