SHYAMA BAI Vs. STATE OF M P

JUDGEMENT

(1.) BY the present petition, the petitioner has challenged the rejection of consideration of assessment as well as payment of pension and gratuity by the respondent/education Department, State of M. P.

(2.) THE petitioner was initially appointed as a Peon in Middle School, kanya Shala Pandhana, District Khandwa on 16-12-1978. She was regularised on the post on 1-4-1988 and duly retired on attaining the age of superannuation on 31-3-1997. That despite her application for assessment of her pension and gratuity under the M. P. Work Charged and Contingency Paid Employees pension Rules, 1979, which was sent to the office of the Block Education officer, Pandhana (East Nimad), Khandwa on 26-9-1988, it was merely forwarded to the Office of the Joint Director (Funds and Pension), Indore. The petitioner herself forwarded an application to the Joint Director on 15-6-98 and despite recommendation by the Block Education Officer no action was taken in the matter and the petitioner was constrained to file O. A. No. 2974/1998, which has been renumbered as Writ Petition No. 13054/2003.

(3.) COUNSEL for the petitioner stated that on her superannuation the petitioner had completed 19 years of service and was therefore entitled to pension whereas her approximate 10 years of service with the respondent/ department of the M. P. State Government was being casually treated by the respondents and she was given to understand that she did not have the qualifying service for the entitlement of pension according to the rules.