SUDARSHAN KUMARI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Smt. Sudarshan Kumari petitioner has filed the present writ petition under Articles 226 and 227 of the Constitution of India seeking directions against the respondents and it has been prayed by the petitioner that the respondents be directed to release the retiral benefits as, according to the petitioner, she retired from the service of respondent Nos. 4 and 5 on 15th February, 1995.

(2.) Notice of the writ petition was given to the respondents. One set of the written statement has been filed by respondent Nos. 1 to 3 and the stand of these respondents is that since respondent No. 4 had not deposited their shares of C.P.F. in the Government Treasury in respect of the petitioner which was a condition precedent, so the case of the petitioner for pension could not be considered. Moreover, the petitioner was not co-operating with the department and, therefore, her case could not be finalised. On merits, the stand of these respondents is that the petitioner had retired as a teacher on 15th February, 1995. The case of respondent No. 4, with which there is a main contest between the petitioner, is that the present writ petition is barred by the principle of res judicata. She had earlier filed a civil suit for the similar relief and it was withdrawn by her without any permission to file either a new suit or to file a civil writ petition. On merits, the stand of respondent No. 4 is that the petitioner had abandoned her job from the School. w.e.f. 1st September, 1988 which is run by respondent No. 4. Thereafter she did not attend the school nor did she deliver any lecture to the students. She only marked her presence in the attendance register maintained by herself. The petitioner is not entitled to the benefit of pensionary scheme as it came into force in the year 1989.

(3.) Respondent No. 5 has filed a separate written statement. This respondent has admitted that the petitioner was relieved from her duties w.e.f. 15th February, 1995 on account of superannuation and she was issued the relieving chit with. No due Certificate against her. The petitioner had been marking her presence in the Attendance Register meant for the teachers which was started by Shri Darshan Singh, Deputy District Education Officer (Primary), Jalandhar, who was appointed as a Correspondent by the State of Punjab under the Grants- in-Aid Rules. It was also the stand of respondent No. 5 that the petitioner remained in service throughout her life career from 4th October, 1961 till the date of her superannuation i.e. 15th February, 1995. It was maintained that regular subscription of C.P.F. was also deducted and deposited in the Oriental Bank of Commerce, Jalandhar, and subsequently it was being deposited in the Government Treasury. In short, the stand of respondent No. 5 is that the petitioner retired from service w.e.f. 15th February, 1995.