LILLY CHACKO Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule returnable forthwith. Mr. Utkarsh Sharma, learned AGP waives service of notice of rule on behalf of respondents.

(2.) This petition, under Article 226 of the Constitution of India, is filed by the petitioner who has retired on 31/5/2022 for quashing and setting aside the orders dtd. 22/1/2020 and 31/3/2021. By the original order and the order in appeal, the request of the petitioner for protection of pay has been rejected. By a communication dtd. 19/7/2022 produced with the further affidavit the school wherefrom the petitioner had retired has been informed that unless and until she consents through an affidavit to accept the stand of the respondents and pay the recovery amounts, her pension case will not be finalized.

(3.) Facts in brief would indicate that the petitioner was appointed as an Assistant Teacher at the Lal Bahadur Shastri Higher Secondary School on 29/8/1988 in the pay-scale of Rs.1640.002900. On account of her marriage, she having to shift to Ahmedabad, the petitioner requested the District Education Officer vide letter dtd. 20/6/1992 for a resignation. The resignation was accepted by the District Education Officer on 29/6/1992. The District Education Officer intimated the school at Rajkot that her resignation is approved and she be relieved. She was accordingly relieved from Rajkot on 30/6/1992. A salary certificate was issued showing the basic pay of the petitioner as Rs.1820.00. The school namely the school at which she was teaching at Rajkot was a higher secondary school.