KAMLA SHARMA Vs. STATE OF HARYANA

JUDGEMENT

(1.) In the present writ petition, the grievance of the petitioner is that the service which she had rendered as a Craft Teacher under the respondent-Zila Parishad/Panchayat Samiti, Panipat from 26.09.1967 till 10. 11.1994 has not been taken into consideration as a qualifying service for the grant of pensionary benefits. The prayer of the petitioner is that her service as Craft Teacher is liable to be counted as a qualifying service for computing the pensionary benefits after she retired on attaining the age of superannuation on 28.02.2005.

(2.) The facts which have been stated in the writ petition are that petitioner was appointed as a Craft Teacher in Zila Parishad/Panchayat Samiti, Panipat on ad-hoc basis. She continued working as such and thereafter, the petitioner was appointed on the post of Gram Sewika on 27.04.1995. Petitioner kept on working on the said post, when her services as Gram Sewika were regularized w.e.f. 01.10.2003. Ultimately, the petitioner retired on attaining the age of superannuation on 28.02.2005. After the retirement, petitioner has only been given the benefit of the service, which she had rendered on the post of Gram Sewika from 27.04.1995 till she attained the age of superannuation on 28.02.2005. Petitioner claimed the benefit of her service rendered as a Craft Teacher starting from the year 1967 till 26.04.1995 to be counted as a qualifying service for computing the pensionary benefits. As the said benefit was not being extended to the petitioner, she has approached this Court by filing the present writ petition seeking direction to the respondents to grant her the benefit of total length of service which she had rendered starting from the year 1967 till 28.02.2005 as qualifying service for computing the pensionary benefits.

(3.) Upon notice of motion, respondents have filed the reply. In the reply, they have stated that petitioner was appointed to the post of Gram Sewika on her own request on 27.04.1995 and in the appointment letter, it was duly mentioned that no benefit of the previous service will be given to the petitioner and, therefore, keeping in view the condition No. 5 of the appointment letter dated 27.04.1995 (Annexure P-5), no benefit of service, which the petitioner rendered as a Craft Teacher, can be extended to her by treating the same as a qualifying service for computing the pensionary benefits.