CHAMPAKLAL PARMANAND SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner, by way of present petition under Article 226 of the Constitution of India has prayed for issuance of an appropriate writ/order for quashing and setting aside the impugned order dated 15.06.2004 passed by the learned Primary Education Tribunal in Application No. 185 of 1999. It is further prayed that the respondents may be directed to count the services of the petitioner rendered between 06.08.1973 and 02.08.1980 as a Blind School Teacher at Surat, may be treated as qualifying service for the purpose of pensionary benefit. It is also prayed that the respondent-authorities may be directed to give the benefit of pay protection when he joined the Blind School at Ahmedabad, and accordingly, arrears may be paid to the petitioner.

(2.) The brief facts giving rise to the present petition are as under:-

(3.) The learned advocate for the petitioner submits that the petitioner rendered service as a teacher in blind school at Surat, from 06.08.1973 to 02.08.1980, but, the family members consisting of blind wife and two minor children of the petitioner were residing at Ahmedabad, and therefore, he submitted resignation. Therefore, he joined the school of respondent No.3 at Ahmedabad on 04.08.1980. The petitioner represented the case before the respondent-authorities for considering his past service for the purpose of pensionary benefit and also prayed that when he left the blind School, Surat, he was getting pay-scale of Rs. 530/- ,and therefore, the same pay may be protected, and accordingly, his pension may be fixed. But the, respondent-authority did pay any heed to such genuine request. The learned advocate for the petitioner has invited the attention of this Court to Annexure-C Page-19, i.e. Government Resolution dated 29th December 1993 issued by the Education Department, Government of Gujarat, wherein it is decided that the teachers, those who are serving in Government Colleges and later on joined the services in non-government Colleges, they may be given the benefit of pay protection, and therefore, their services will be treated as continuous service for all purpose. It is submitted that one Shri G.K. Shah was serving in the Blind School at Surendranagar, and lastly joined at Ahmedabad was given the benefit of continuity of service, and his pay was also protected. However, the respondent-authority did pay any heed to the genuine request made by the petitioner, and therefore, the petitioner approached the learned Primary Education Tribunal for redressel of his grievances. The learned Tribunal made certain observations in favour of the petitioner, but, ultimately rejected the application, and therefore, the petitioner had no other option but to approach this Court by filing the present petition. It is submitted that the petitioner has rendered more than 23 years of services under the respondent No.3 and prior to that under the blind school at Surat. However, he has been given the benefit of continuity of service and protected his pay, and after his retirement, he has been deprived of getting full pension.