POUL CYRIL PARMAR Vs. DISTRICT EDUCATION OFFICER

JUDGEMENT

(1.) As these six petitions involve a common question of fact, pertaining to interpretation of the direction given by the Division Bench of this Court (Coram : M.R. Calla, N.G. Nandi, JJ.) vide judgment dated 31st July, 2001 rendered in Letters Patent Appeal No. 788 of 1998 in Special Civil Application No. 3635 of 1982, they have been heard together and now they are being disposed of by this common judgment.

(2.) To appreciate the controversy involved in this group of petitions, it would be necessary to state certain facts. Special Civil Application No. 3635 of 1982 was preferred by teacher of the Non Government (Private) and Grant-in-Aided school which was run by Education Board of Baroda Methodist Church, Gujarat Conference in Southern Asia, now run by Methodist Church in India with effect from 1st August, 1858. Her grievance in the said petition was that though she had opted for pension, the same was denied to her on the ground that pension scheme was not applicable to the teachers of the Primary Non-Government (Private) and recognised Grant-in-Aided schools. The learned Single Judge of this Court (Coram : S.K. Keshote, J.) by judgment dated 18th January, 1997 came to the conclusion that like the teachers of the Non Government (Private) and recognised Grant-in-Aided Higher Secondary and Secondary schools, the teachers of Primary school were also required to be given benefit of pension. It was so held by the learned Single Judge of this Court on the ground that the Government could not create class within a class and give them discriminatory treatment by not extending to them the benefit of the pension scheme.

(3.) It is now to be noted that pursuant to the aforesaid direction, the State has framed the scheme extending the benefit of pension to the aforesaid category of the teachers of the primary schools. The said scheme has been brought into existence by Resolution dated 6th April, 2002.