UTTORA G. SANGMA Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) The writ petitioner by way of the instant writ petition has sought for regularization of her services and further for release of pensionary and other terminal benefits as entitled.

(2.) The brief facts of the case are that the petitioner was initially appointed as an Assistant Teacher on 21/7/1989, and thereafter, by order dtd. 1/9/1998, passed by the Inspector of Schools, she along with 4(four) other similarly situated Assistant Teachers were regularized w.e.f. 28/10/1996. It appears that thereafter the petitioner was transferred and posted as a Ladies' Social Education Officer (LSEO) in the Office of the Joint Director of School Education and Literacy, West Garo Hills, Tura, on 13/10/2010, and while serving the said post had applied for voluntary retirement of service from the said post, as admissible under the rules.

(3.) Mr. S. Deb, learned counsel for the petitioner has submitted that the petitioner on entering into service as far back as in 1989, and on the issuance of the letter dtd. 1/9/1998, regularizing her services w.e.f. 28/10/1996, was in the firm belief that her services had been regularized, making her eligible to apply for the voluntary retirement. He further submits that on being informed that her services were yet to be regularized, and that the process was on, in view of the urgency to contest the elections, had submitted the resignation letter. It is further submitted that the petitioner having served for 33(thirty-three) years cannot be deprived of her just entitlement, i.e. pensionary and other terminal benefits. It is also contended that with the issue as to whether the resignation would amount to her relinquishment of the rights accrued in service, the learned counsel has submitted that, in the circumstances surrounding the entire case, the resignation for all practical purposes should be treated as a letter of voluntary retirement. In support of his arguments, the learned counsel has placed reliance on the following judgments, wherein the other High Courts and the Supreme Court have granted relief to persons, which he submits where similarly situated, i.e. for grant of pension after having served for long number of years.