KAMLABEN MOHANBHAI TRIVEDI Vs. ADMINISTRATIVE OFFICER, PRIMARY EDUCATION COMMITTEE, JUNAGADH AND ANOTHER

JUDGEMENT

(1.) The relevant facts giving rise to the present petition shortly stated are as under:

(2.) The petitioner worked as Primary Teacher in the school run by the Dist. Panchayat, Junagadh between July 14, 1948 to July 5, 1967. Thereafter, with effect from July 6, 1967 she worked as Primary Teacher in the schools run by the Municipal School Board, Ahmedabad respondent No. 2 herein. The petitioner retired from service with effect from May 10, 1990. As regards payment of pension to her on her retirement since amount of pension payable by Dist. Panchayat, Junagadh was not deposited by the first respondent in the office of the second respondent, the second respondent did not finalise pension papers. Apprehending that her claim would be tossed from one authority to another for inordinately long period the petitioner deposited amount of Rs. 9,799/- in the Municipal School Board on November 17, 1990 so that her pension papers can be finalised and she may start getting pension in her retired age. It appears that subsequently the petitioner has got her pension but the amount which was payable by the first respondent towards pension contribution having not been refunded to her she addressed representation to the first respondent and since no favourable response was received from them she has filed the present petition.

(3.) In response to Rule Nisi issued by this court the first respondent has appeared and has filed affidavit-in-reply of Dist. Primary Education Officer.