MALTI GUPTA Vs. DEPUTY DIRECTOR OF EDUCATION

JUDGEMENT

(1.) -Heard learned counsel for the parties.

(2.) ZILA Panchayat Inter College, Chandauli is a duly recognized and aided intermediate college where the petitioner was appointed as a Lecturer in History on 16.9.1978, in substantive capacity. Initially, due to ill health she went on earned leave in October, 1992 and thereafter continued on medical leave but, thereafter, as she could not carry out her duties due to her medical condition, she resigned from service w.e.f. 1.3.1995 after completing more than 16 years of service. She claimed pension, gratuity and other amounts through various representations evoking no response, forcing her to file Writ Petition No. 25229 of 2001, which was finally disposed of vide order dated 13.7.2001, with a direction to the respondent to decide the claim of the petitioner. In pursuance thereof, provident fund was released to her on 5.3.2002 but without any interest. However, with regard to pension, gratuity and leave salary, the claim was rejected by the impugned order dated 14.3.2002 on the ground that she had not completed the qualifying service for pension and gratuity. Thus, the petition.

(3.) HOWEVER, learned standing counsel has contended that the Rule contemplates retirement and not resignation.