GAURIBEN UMIASHANKER JOSHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr. Bambhania, Addl.G.P.appears for respondent No. 1- State and waives service of Rule. Mr. Manoj Popat, learned Advocate appears for Mr. R. A. Mishra, learned Advocate for respondent No. 2 and waives service of Rule. In the facts and circumstances of the case, the matter is taken up for final hearing to day.

(2.) The petitioner was appointed as Assistant Teacher on 21-6-1963. In 1984, the petitioner applied for voluntary retirement and her request for voluntary retirement was accepted by the Panchayat and she voluntarily retired on 1-7-1984. Thereafter, she was informed on 22/04/1988 that she had not completed qualifying service for the purpose of pension and, therefore, she should join the services. The petitioner accordingly joined the service back on 27/04/1988 and worked for a period of six years and on reaching the age of superannuation, she retired on 30/09/1993. Though the petitioner had attained the superannuation age, she was not paid the pension and other retiral benefits whatsoever. The petitioner learnt that the local audit officer raised the objections against the petitioner and the petitioner preferred this Special Civil Application on 11/07/1994. The petition is pending since July 1994 but so far no return has been filed by either of the respondents. It has been orally submitted by the learned Advocates appearing for the respondents that the pension case is being processed. There appears to be a dispute about the period from 1-7-1984 till 27/04/1988 that is the period during which the petitioner did not remain in service on account of acceptance of her request for voluntary retirement. There may be a dispute about this period but the pension case has got to be processed and finalised and the retiral benefits are to be paid to the retired Government servant immediately after the retirement. The petitioner had attained the superannuation age way back in September, 1993 and even after the lapse of about two years from the date of her retirement, she has been kept high and dry as no amount of pension and other retiral benefits have been paid to her. This is certainly a dismal fact and such a practice can only be depricated. The learned Counsel appearing on behalf of the District Primary Education Officer, Junagadh submitted that so far as the office of the Junagadh District Primary Education Officer is concerned, the pension case has been duly prepared and the same has been forwarded to the State of Gujarat and the matter is pending with the Government. The Government has to take appropriate decision in this regard and, therefore, the question with regard to the payment of pension of the petitioner awaits the decision of the Government.

(3.) In the facts and circumstances of this case, I deem it appropriate to direct that the respondents shall finalise the case of pension of the petitioner in accordance with law and make available to the petitioner the amount of pension upto date latest by 31/08/1995 alongwith all the arrears for past from the date of her retirement on account of superannuation. In case, the pension case of the petitioner is not finalised and no pension and other benefits are paid upto date that is upto 31/08/1995, on 1/09/1995, the officers who are concerned and who have to take decision in this regard, including the Director of Primary Education, State of Gujarat, Gandhinagar will not draw their salary till the pension of the petitioner upto date is paid to the petitioner with all other retiral benefits. This Special Civil Application is accordingly allowed. Rule is made absolute in terms indicated hereinabove with no order as to costs. Mr. Bambhania shall convey this order to the concerned functionaries