SUSHILABEN NAVINCHANDRA SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In the present petition, a retired school teacher has prayed for pensionary benefits in terms of the Government policy. Before deciding the controversies arising in the petition, short facts need to be noted.

(2.) The petitioner was employed as Assistant Teacher in one Seth Manilal Ranchhoddas High School which is a grant-in-aid school. The petitioner was appointed by an order dated 11.6.66. It is the case of the petitioner, to which no dispute has been raised by the respondents, that the date of birth of the petitioner is 9.5.1941. The age of the superannuation being 58 years, ordinarily the petitioner would have crossed the superannuation age on 8.5.1999. Due to her personal reasons, however, the petitioner was unable to continue in service. The petitioner was, therefore, desirous of retiring on voluntary retirement basis. The petitioner, therefore, addressed a letter to the school authorities on 24.2.1996 stating, inter alia, that having put in 30 years of service, because of her social circumstances, she wishes to take voluntary retirement with effect from 25.6.1997. Her request was accepted by the school authorities. The school authorities, therefore, passed a resolution on 5.3.1997 and recommended to the Government authorities that the request of the petitioner be accepted. Eventually, the petitioner was permitted to retire on voluntary retirement basis with effect from 25.6.1997.

(3.) It is the case of the petitioner that the Government issued a resolution dated 6th April 2002 and made pension scheme applicable to teaching staff of private aided primary schools. The pension scheme made effective by the Government resolution dated 6.4.2002 shall be hereinafter to be referred to as the "said pension scheme". The said pension scheme was made effective from 1st January 1997. It is the case of the petitioner that the resolution itself envisaged that those teachers who retired after 1.1.97 would have an option to choose pension scheme. Such option was to be exercised within six months from the date of the resolution. Certain other provisions were also made in the said resolution in this regard, reference to which will be made at a slightly later stage.