B B DESAI Vs. ACCOUNTANT GENERAL GUJARAT STATE

JUDGEMENT

(1.) The teacher concerned in this petition is a retired primary school teacher. He joined the services as a primary school teacher in the erstwhile State of Bhavnagar on 13/04/1933 Thereafter according to the department he had left the services on 25/03/1945 and was not in service upto 12/06/1947 The teacher concerned i.e. Jatashanker Hargovind was has retired sometime in the month of February 1971 Thereafter his papers have been prepared and his services have been reckoned as commencing from 13/06/1947 for the purpose of pension. The teacher concerned contended that his services should be considered for the purpose of pension from 13/04/1933 and the break in service should atleast be condoned for the purpose of pension.

(2.) The teacher concerned had requested that his case be placed before the Lok Adalat which was held at Gadhada in Bhavnagar District. The Lok Adalat was held on 10/02/1985 In Lok Adalat after discussing the case the Administrative Officer Botad and other officers of Botad Municipality agreed that in respect of the service of the teacher from 30/03/194 5/06/1947 an affidavit be obtained and pursuant to the certified copies given by the District Primary Education Office Bhavnagar necessary further actions be taken by the Administrative Officer of Nagar Prathamik Shikshan Samiti Botad. Thus the case with regard to the payment of Pension was to be taken up and persued with the Government and the office of Accountant General by the Administrative Officer Primary Education Committee Botad. Thereafter no tangible actions were taken and hence the teacher concerned ventilated his grievance before some newspaper correspondent. Reading the report in the newspaper the Member Secretary of the Gujarat State Legal Aid and Advice Committee has filed this petition. It is prayed in the petition that the respondents be directed to calculate the pensionable services of the teacher concerned from April 13 193 3/02/1971 continuously without any break whatsoever.

(3.) Earlier when the petition came up for bearing on 18/02/1986 a direction was given to the Director of Education (Primary and Adult Education) to the effect that the petition itself be considered as a representation made to him and he may pass a reasoned order thereon.