DINESHBHAI ISHWARBHAI DANI Vs. DIRECTOR OF ACCOUNTS AND TREASURY PENSION SECTION
LAWS(GJH)-1998-5-26
HIGH COURT OF GUJARAT
Decided on May 01,1998

DINESHBHAI ISHWARLAL DANI Appellant
VERSUS
DIRECTOR OF ACCOUNTS AND TREASURY (PENSION SECTION) Respondents

JUDGEMENT

R.M.Doshit, J. - (1.) This petition arises out of the claim of the petitioner for pension for the services rendered by him as a Secondary School Teacher for the period from 1st July, 1956 to 1st August, 1983. The petitioner took up the employment as a Secondary School Teacher in Non-Government Grant-in-Aid School from 1st July, 1956, before he attained majority. The petitioner attained majority on 12th February, 1958. Even thereafter, petitioner continued in service as a Secondary School Teacher in one or the other Non-Government Grant-in-Aid Secondary School. The petitioner thus continuously served as a Secondary School Teacher from 1st July, 1956 to 1st August, 1983. On his retirement, he received pension and other retirement benefits in accordance with law. However, the petitioner's service for the period from 1st July, 1956 to llth February, 1958 i.e. service rendered by him before he attained majority has not been treated as pensionable service and that period has not been counted for the purpose of pension. Feeling aggrieved, on 17th February, 1987, the petitioner made a representation to the District Education Officer-respondent No. 3 herein. The petitioner relied upon the Government Resolution issued on 7th April, 1977, in support of his claim. It appears that the said representation has neither been considered nor decided by the respondent No. 3. Feeling aggrieved, the petitioner has preferred the present petition.
(2.) The petitioner has placed sole reliance upon the Government Resolution dated 7th April, 1977 (Annexure 'B' to the petition) and has contended that the period of Boy-Service rendered by a government servant is considered to be a pensionable service and all provisions regarding payment of pension to the government servant apply to the teachers serving in the Non-Government Grant-in-Aid School mutatis mutandis.
(3.) Neither of the respondents have controverted the facts stated in the petition. I am told that the Boy-Service means the services rendered by a person prior to his attaining majority. Thus, it is undisputed that petitioner did render Boy-Service for the period from 1st July, 1956 to llth February, 1958 and the said service has not been recognised as pensionable service for the purpose of computation of pension payable to the petitioner.;


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