MAYABEN S. DESAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE petitioner has made following prayers in prayer Clause 6(A),(B) and (C) in this petition filed under Article 226 of the Constitution of India:

(2.) THE case of the petitioner is that the petitioner was appointed as Assistant Teacher in Sarva Vidhyamandir at Rankuva, which was a non-Government grand-in-aid school on 13.6.1968, where she worked till 15.6.1969 and thereafter, there was break in service for the period from 16.6.1969 to 14.6.1970 on account of training undertaken by the petitioner but, the said break was regularized by the competent authority. It is the case of the petitioner that twice, the petitioner changed the non-Government grant-in-aid school without any break and lastly, the petitioner joined Shardayatan High School as Principal with effect from 3.12.1993, which is a school run by respondent No.6 Education Society. The petitioner served in the said school till the date of her retirement, i.e. 31.10.2003. The petitioner has further averred in the petition that pension papers of the petitioner were sent to the District Education Officer, Surat. However, the same were returned with certain queries to the school. The main objection raised by the District Education Officer was that the service rendered by the petitioner in the last school, i.e. from 3.12.1993 to 31.10.2003, could not be considered as pensionable service in view of the resolution dated 23.1.2007. The petitioner has challenged such action of the respondent authorities in not considering her service for the above-said period as pensionable service.

(3.) I have heard learned advocates for the parties.