- (1.) HEARD Sri Vashistha Tiwari, learned counsel for the petitioner, Sri V.K. Sharma, learned counsel for the respondents and learned Standing Counsel for the State of U.P.
(2.) BY means of the present writ petition, the petitioner has prayed for following reliefs: - "(a) Issue a writ, order or direction in the nature of certiorari quashing the order dated 30.05.2006 passed by the District Inspector of Schools, Varanasi (filed as Annexure No. 8 to the writ petition). (b) Issue a writ, order or direction in the nature of mandamus directing the respondents to pay the pensionary benefits to the petitioner for the post of Assistant Teacher in Primary Section, Shishu Vihar Primary School attached with the Besent Theosophical Higher Secondary School, Annie Besent Road, Kamaksha, Varanasi. (c) Pass an appropriate writ, order or direction which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case. (d) Award cost of writ petition in favour of the petitioner."
(3.) BRIEF facts giving rise to the present writ petition are that: - The Besent Theosophical Higher Secondary School is recognized and aided institution governed under the provision of U.P. Intermediate Education Act, 1921 and also under the Payment of Salary Act, 1971. Initially the Institution known as Shishu Vihar was established in the year 1938 which was imparting education from Class -I to Class -VIII and the same was also recognized by the District Basic Shiksha Adhikari, Varanasi in the year 1939. The said institution was upgraded upto High School in the year 1946. Learned counsel for the petitioner submitted that petitioner was initially appointed as Assistant Teacher on 28.06.1967 and thereafter her services were confirmed w.e.f. 08.08.1969 and finally after completing her successful service, she retired on 30.06.1997.;