BHAIRAB KUMAR BISWAL Vs. STATE OF ODISHA

JUDGEMENT

(1.) The petitioner was appointed as an Asst. Teacher in Badmal Upper Primary School of Rairakhol Blok in the district of Sambalpur and accordingly he joined on 10/9/1957. He was promoted to the post of Head Pandit and joined his promotional post on 1/4/1961 in Satsama Upper Primary School. Both the Schools were aided Schools. He was selected to undergo Teacher's Training for two years by the BDO, Rairakhol vide his Office order dtd. 21/7/1973 and he was relieved from service on 26/7/1973 for such purpose. The petitioner claims that prior to his relief from the School, he was suffering from fever from 21/7/1973 to 25/7/1973. Therefore, he submitted a representation on 26/7/1973 to the Sub-Inspector of Schools, Rairkhol to grant casual leave for the aforesaid period. But the said representation was not considered. Thereafter, due to continuation of his ailment he remained in hospital for treatment till 30/9/1980. After being cured of his illness he submitted his joining report on 1/10/1980 before the District Inspector of Schools, Sambalpur-1 along with medical certificate, but was not allowed to join. The school was taken over by the Government on 26/9/1989. In the meantime, the petitioner attained the age of superannuation from service on 30/6/1999. He submitted his pension papers in the office of the erstwhile D.I. of Schools, Sambalpur-1 for release of the pension as he had completed 15 years of service. But the pensionary benefit was not released. It is his case that he had remained on leave on account of his illness submitting proper application to the authority. During the period from 1973-1980 he neither resigned from service nor was retrenched/terminated by the authority. No disciplinary action was also taken against him for his long absence. On such facts the petitioner claims to be entitled to pension and other retiral benefits as he has completed the minimum qualifying service of ten years. But ultimately, nothing was done for which he approached this Court in W.P.(C) No 10066 of 2008. By order dtd. 25/3/2009, this Court directed the District Inspector of Schools to dispose of the representation of the petitioner within four weeks. Pursuant to such order, the Block Education Officer rejected the claim of the petitioner for pension. The petitioner has therefore approached this Court seeking the following prayer:-

(2.) Counter affidavit has been filed by the Block Education Officer, Rairakhol (Opp. Party No.4). The stand of the opposite party as revealed from the counter is that as per the service particulars of the petitioner available from his service book, he continued in service from 10/9/1957 to 26/7/1973 and thereafter did not join in his duties. It is further submitted that the Odisha Aided Educational Institutions (Non-Government Fully Aided Primary School Teacher) Retirement Benefit Rules, 1981 came into force w.e.f. 1st day of April, 1982. The period of service of the petitioner from 10/9/1957 to 31/3/1973 cannot be considered under the said Rules.

(3.) The petitioner has filed a rejoinder refuting the averments of the counter. He states that he submitted joining report on 1/10/1980 before the erstwhile D.I. of Schools, Sambalpur-1 but was not allowed to join and while awaiting joining report he attained the age of superannuation on 30/6/1999 and after the date of retirement he approached the B.D.O. for returning his service book and thereafter submitted pension papers. He further states that since the School was taken over by the Government from 5/2/1989, which is before the date of his superannuation, he is entitled to pension and pensionary benefits.