NIRMALA SARMA BARUAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE grievance as projected in this writ petition is the refusal of the respondents/authorities to regularize the period of 14 months of her stay in service beyond 58 years in terms of the Office Memorandum dated 12. 6. 97 and consequently to allow her the pensionary benefit to which she is otherwise entitled under the provisions of law.

(2.) HEARD Mr. B. P. Bora learned Sr. counsel assisted by Ms. J. Bora, learned counsel for the petitioner and Mr. Khataniar, learned Standing counsel. Education Department, appearing for the respondents.

(3.) THE pleaded case of the petitioner, to put in short, is that she was appointed as Asstt. Teacher in North Guwahati Girl's H. E. School, Guwahati wherein she joined on 26. 8. 70 and attained the age of superannuation on 30. 4. 99. In terms of the relevant provisions holding the field, the petitioner exercised her option to continue in service upto 60 years for getting her pensionary benefits, to which she would have been otherwise entitled, and accordingly continued in her service as Asstt. Teacher beyond 58 years. However, due to her consistent ill health she could not continue beyond 30. 6. 2000 in service and went on superannuation with effect from 1. 7. 2000 when she was released from her post. Thus she stayed for a period of 14 months beyond 58 years and the petitioner represented to the authority to regularize this period of 14 months as per the existing policy/guidelines of the Govt. issued vide Office Memorandum dated 12. 6. 97 and also provided the pensionary benefit to which she is entitled under the law. Various requests made by the petitioner did not evoke any positive response from the authorities. Although the Director Secondary Education, forwarded the pension papers submitted by the petitioner to the Govt. for necessary approval, the same was rejected vide impugned communication dated 21. 2. 06. Being unable to get necessary relief from the hands of the respondents/authorities, the petitioner has approached this court by filing this writ petition.