CHET RAM MISHRA Vs. STATE OF M P

JUDGEMENT

(1.) - This writ petition under Art. 226 of the Constitution of India has been filed by the petitioner seeking direction to the respondents to make the payment of gratuity in full as well as leave encashment for 240 days and further direction to pay full pension along with interest @ 12% per annum. By amendment, a relief has also been added that the order dated 1.3.2011 contained in Annexure P/5 may be quashed and the respondents be directed to count the services rendered by the petitioner in government aided private school for the period from 16.10.1969 to 6.5.1985 for the purpose of pension and to extend all consequential benefits, after fixation.

(2.) The facts unfolded are that the petitioner was appointed in Guru Vashisht Higher Secondary School, Jawasa (Jagannath Ka Pura), District Bhind on 15.10.1969. In para 5.9 of the petition, it is stated that the said school is the government aided private school. As per order dated 6.5.1985, it has been taken over by the School Education Department absorbing the services of the petitioner as Principal by subsequent order dated 11.2.1988. The petitioner attained the age of superannuation on 31.5.2005. After retirement, all the formalities have been completed by him but the benefit of pension adding the period of service rendered prior to absorption, and other retiral benefits were not extended despite various representations. However, this petition has been filed seeking appropriate directions.

(3.) Respondent/State has filed their reply inter alia contending that the claim with respect to gratuity has been duly considered and paid to the petitioner as per his entitlement. So far as claim with regard to leave encashment is concerned, he is entitled to get encashment of 148 days, which has also been paid. In respect of claim of counting of services rendered by the petitioner in the government aided private institution, it is urged that as per circular dated 15.1.1972, the schools which were run by Janpad Panchayat or Nagar Palika, and taken over by the State Government, the services of employees of such schools may be counted for the purpose of pension but the teachers of government aided private institutions are not entitled to get such benefits. The circulars indicating the aforesaid fact have also been filed as Annexures R/2 and R/3. However, in view of aforesaid circulars, it is contended that this petition may be dismissed at the threshold because the petitioner is not entitled for counting the services rendered by him in an aided institution, prior to the date of absorption.