CHANDRIKABEN HASMUKHBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS petition under Article 226 of the Constitution of India is filed by the retired Assistant Teacher seeking to hold and declare that the petitioner is entitled and eligible to get pension and other retiral benefits with interest and to direct respondent No.3 District Education Officer to submit proposal to respondent No.1 to sanction and pay pension and other retiral benefits to the petitioner.

(2.) IT is case of the petitioner that the petitioner was appointed as Assistant Teacher on 12.6.1972 in Grant-in-Aid School and would have retired on 31.5.2007 on attaining the age of superannuation but on completing total qualifying service of 28 years, 6 months and 28 days, the petitioner made an application dated 8.3.2001 for voluntary retirement to be effective from 11.6.2001 and she was permitted to retire voluntarily from the said date.

(3.) AFFIDAVIT in reply is filed by the Education Inspector on behalf of the District Education Officer on 5.1.2004 opposing the petition on the ground that the benefit of pension under resolution dated 6.4.2002 could be made available only to those teachers who have retired on attaining the age of superannuation and not to the teachers who have retired taking voluntary retirement.