STATE OF GUJARAT Vs. MANAGER

JUDGEMENT

(1.) Order in Civil Application No. 2894 of 2019 :

(2.) The facts in brief as could be gathered from the memo of Letters Patent Appeal and order impugned, indicate that the petitioner was working as an Assistant Teacher from 11.09.1975 to 13.06.1976 in Shri V.K. Patel High School at Saldi, District Mehsana in Primary Section. Thereafter, the petitioner was appointed as Primary Teacher in Madhi High School at Madhi from 14.06.1976 to 16.09.1980 and thereafter, he joined Shri M.P.Patel High School at Vijapur, District Mehsana as Assistant Teacher in Higher Secondary Section and he worked till 15.11.1995. He worked from 16.11.1995 till his retirement as Principal. He retired on 31.05.2004. It is not in dispute that both the schools were recognized grant-in-aid private primary schools. The petitioner was also paid monthly salary as per the trained teacher. The service rendered by the petitioner as Assistant Teacher from 11.09.1975 to 16.09.1980 i.e. five years and five days is not considered for pension. The total services put by the petitioner is 26 years, 6 months and 22 days. The petitioner has challenged order dated 15.5.2004 and 31.5.2004 for not considering the services rendered for the period from 11.9.1975 to 16.9.1980 as Assistant Teacher for the purpose of all pensionary and retiral benefits and the learned Single Judge vide order dated 25.3.2019 allowed the petition, operative part whereof, reads as under : "Under the circumstances, the present writ petition is allowed. The communication dated 15.05.2004 and 31.05.2005 are hereby quashed and set aside. The respondents are hereby directed to examine the case of the petitioner in light of the sub-rule (x) of Rule 25 of Gujarat Civil Services Rules, 2002 and accordingly, pass appropriate order re-fixing his pension considering his earlier service from 11.9.1975 to 16.9.1980 and pay the arrears also. The entire exercise re-fixing the pension and payment of arrears shall be carried out within a period of eight weeks from the date of receipt of the writ of this order. Rule is made absolute." The appellant original respondent has assailed the said judgment by preferring present Letters Patent Appeal on the grounds mentioned in the memo of appeal.

(3.) Ms. Aishwarya Gupta, learned Assistant Government Pleader for the appellant submitted that the learned Single Judge has not considered the Resolution dated 6.4.2002 issued by the Education Department and order dated 25.03.2019 passed in Letters Patent Appeal No. 610 of 2005. Learned AGP further submitted that the learned Single Judge has not properly considered the provisions of Sub-Rule (x) of Rule 25 of the Gujarat Civil Services Pension Rules 2002.