ASHA MALHOTRA Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner was appointed as a JBT teacher on 9.11.1966with respondent No. 5-JRD Arya Girls High School, Ambala City, which was a Privately Managed Government Aided School, getting 95% grant-in-aid from the Government. The petitioner retired from service on 30.11.2002 on attaining the age of superannuation.

(2.) It comes out that on 31.5.1999, the Haryana Government framed the Haryana Aided Schools (Pension and Contributory Provident Fund) Rules, 1999. The petitioner had earlier filed CWP-11940-2004, titled as Asha Malhotra v. State of Haryana and others and the same was disposed of by a Division Bench of this Court, vide order dated 10.8.2004 (Annexure-P-10) with a direction to respondents to decide the legal notice dated 23.6.2004 (Annexure-P-7), served on them, by passing a speaking order within two months from the date of receipt of certified copy of the order. In pursuance to that order, the District Primary Education Officer, Ambala, (respondent) passed the speaking order dated 26.10.2004 (Annexure-P-11), vide which the claim of the petitioner for release of pension and gratuity was declined on the ground that there was no agreement between the said JRD Girls High School, Ambala City and the Government and that the pension and gratuity case has not been submitted along with option undertaking by the petitioner as required under Rule 3(1) and employer's share of CPF, as required under Rule 18(4) of the Haryana Aided School (Special Pension and Contributory Provident Fund) Rules, 2001. Therefore, the retiral benefits under the pension scheme of 2001 cannot be released. It comes out that vide order dated 3.2010 (Annexure-P-14), the Government has already released the DCRG to the petitioner. Out of the total amount of gratuity of Rs. 93,100/-, the Government share, amounting to Rs. 69,825/-, has been released by the Government, whereas the share of Management is Rs. 23,275/-, which has not been released so far. It also comes out that on account of mismanagement in respondent No. 5-JRD Arya Girls High School, Ambala City, the Sub Divisional Officer (Civil), Ambala, has been appointed as an Administrator of the said school, vide order dated 10.1.2013 (Annexure-R-2), passed by the Government, for a period of one year. That arrangement is stated to be still continuing.

(3.) The second claim of the petitioner is that she joined the service with respondent No. 5 on 9.11.1966 and retired on 30.11.2002 on attaining the age of superannuation. Her qualifying service has been qualified as 20 years and 2 months by computing her qualifying service from 1.10.1982 when she started contributing towards CPF.