NATVCRLAL V. SHAH Vs. SECRETARY, EDUCATION DEPARTMENT, GANDHINAGAR

JUDGEMENT

(1.) The question regarding the right to pension and whether or not qualifying service has been completed must be decided in accordance with the provisions of the Pension Scheme. In the Pension Scheme there is no such provision to the effect that if there is a seventh break, the service rendered before the seventh break will be treated as having been forfeited. The aforesaid communication shows that the Section Officer of the Education Department is of the opinion that it would be forfeited. We are not concerned with the opinion of the Section Officer. Unless it is shown that the Pension Scheme is amended by an appropriate resolution by the Government, no new riders can be added. It is not shown that there is in existence any resolution modifying the Pension Scheme framed on December 12, 1971 to the aforesaid extent. Besides, once the qualifying period is completed there is no question of treating it as having been forfeited. Once it is shown that a teacher has put in qualifying service, that is to say, service for ten years as contemplated by paragraph 7, he has earned the right to pension and it cannot be taken away unless there is some statutory provision made by the competent authority in this behalf. Under the circumstances, we do not see any good reason to accede to the argument that the appellant has forefeited his qualifying service because there was a break after he had completed ten years of service and had qualified for pension.