K.L. Manjunath, J. - (1.) HEARD the counsel for the parties.
(2.) THE appellant was appointed as part time Hindi teacher in National High School, Kuppagadde on a monthly salary of Rs. 28/ - by order dated 6.7.1976. On the ground that she is paid meager salary of Rs. 28/ -, she requested the Management to appoint her as a full time Hindi teacher. A Resolution was passed on 12.6.1977 by the Management recommending her case for appointment of full time teacher on the ground that it was difficult for the Management to secure a part time Hindi teacher in Malnad area. Later, her case for appointment as full time teacher was considered with effect from 5.1.2000. Later, she requested the authorities to regularize her service from 8.7.1976 on which day she was appointed as part time teacher. On the ground that her request has not been considered, she filed writ petition before this Court in Writ Petition No. 17786/2002, which writ petition came to be allowed on 14.8.2006 directing the respondents to consider her grievance in accordance with law within a period of three months from the date of submission of her appeal memo. Thereafter, an order was passed by the Commissioner on 29.3.2007 rejecting her prayer on the ground that she was not appointed on 8.7.1976 on full time basis. The order of the Secretary to the Government (P & SE) was questioned by the petitioner before the learned Single Judge in Writ Petition No. 14320/2007, which petition came to be dismissed on 09.11.2011. Challenging the concurrent findings, the present appeal is filed. Having heard the counsel for the parties, we have noticed that she was regularized by the Deputy Director of Public Instructions, Bangalore Range by order dated 5.1.2000 stating that the post of the petitioner from part time Hindi teacher has been converted into permanent post with granting aid on a scale of pay of Rs. 4575/ - to Rs. 8400/ -. While passing the order on 5.1.2000, it is also stated that service rendered by he prior to 5.1.2000 shall be considered for the purpose of granting leave and pension. When her post has been regularized from part time to full time by order dated 5.1.2000 with a specific condition that her past service shall be considered for calculating the pension, we are of the view that the learned Single Judge as well as the Secretary to the Government have committed an error. Now the appellant has been retired from service. Her pension has been settled from the date of her regularization. Therefore, the grievance of the appellant before us is that at -least her pension be settled considering the past service rendered by her based on the order of regularization dated 5.1.2000. In view of the order dated 5.1.2000 we are of the view that the relief sought by the appellant has to be considered and direction has been issued to the respondents to recompute the pension payable to the appellant taking into account the past service rendered by her.
(3.) IN the result, the appeal is allowed in part. The orders passed by the learned Single Judge as well as by the Secretary to the Primary and Secondary Education Department are hereby set aside and modified. We direct the respondents to re -calculate the pension payable to the appellant taking into account the past service rendered by her in terms of the order of regularization dated 5.1.2000. The same shall be considered within a period of six months from today and if the appellant is entitled for any other relief, it is open for her to claim the same in accordance with law.;