JAYSHREE SANJAY HATHI Vs. MANAGING TRUSTEE- BAL SHALA

JUDGEMENT

(1.) THE petitioner, by filing this petition under Article 226 of the Constitution of India, has prayed for following reliefs in paragraph No.20A as under:

(2.) THE case of the petitioner is that the petitioner completed 28 years of service continuously as on 01.06.2005 as Assistant Teacher. As per the resolution of the State Government dated 06.04.2002, 5 years of additional service is required to be added for the purpose of calculation of pensionary benefits and therefore the petitioner shall be entitled to pension benefit on the basis of 33 years of service. It is the case of the petitioner that the petitioner applied for voluntary retirement on 10.02.2005 to be effective from 31.05.2005. However, the application of the petitioner was not attended to. The respondent No.4 asked the Principal of the school vide letter dated 12.07.2005 to satisfy the queries raised in the said letter and to comply the formalities as advised in the seriatim. The principal of the school then explained by his letter dated 29.11.2005 to the respondent No.4 that, since, the school did not receive the resolution dated 16.04.1998 of the Education Department, no action was taken as required by the said resolution and requested to take appropriate decision for voluntary retirement of the petitioner. The petitioner then obtained the copy of the said resolution under the Right to Information Act, provided in the said resolution that till the training as required by the above resolution is taken by the petitioner, only 60% of the service period of such petitioner could be taken into consideration for the purpose of calculation of pension.

(3.) THE petition is opposed by reply affidavit filed on behalf of the respondent No.3the District Primary Education Officer as also on behalf of the respondent No.5the District Assistant Examiner, Local Fund Account, KutchBhuj. The petitioner has also filed rejoinder against the above two replies filed on behalf of the respondents No.3 and 5.