Tarun Agarwala, J. - (1.) The petitioner started his services as an Assistant Teacher in a primary School, District Board, Muzaffar Nagar on 3.9.1954 and continued till 23.7.1957. Thereafter the petitioner was appointed as an Assistant Teacher in Primary School, Municipal Board, Muzaffar Nagar w.e.f. 24.7.1957 and continued till 29.7.1969. The petitioner thereafter was given an appointment as an Assistant Teacher in C.T. Grade in Jain Inter College Muzaffar Nagar w.e.f. 30.7.1969 and continued in service till 30.6.1990 when he retired as an Assistant Teacher in L.T. Grade.
(2.) The petitioner's services was pensionable. The Deputy Director of Education, respondent no.2, issued an order granting pension to the petitioner w.e.f. 1.9.1994. The petitioner is aggrieved by this pension order. According to the petitioner, the pension has been calculated taking the length of service from 30.7.1969 to 30.6.1990, i.e. 20 years 11 months which the petitioner performed at Jain Inter College, Muzaffar Nagar. The respondent no.2, did not take into consideration the length of service performed by the petitioner between the period 1954 to 1969 in two primary schools. The petitioner, accordingly, made a representation praying that his pension be re-fixed taking into consideration the total length of service i.e. 35 years 9 months and 24 days. When no action was taken by the respondents, the petitioner approached this Court by filing Writ Petition No.50465 of 1999 which was disposed off with a direction to the District Inspector of Schools to decide the representation of the petitioner. The District Inspector of Schools by its order dated 30.5.2001 rejected the representation of the petitioner on the ground that in view of the G.O. dated 18.10.1997, previous service in different institution is only applicable to those persons who retired after 18.10.1997 and that the petitioner would not be entitled to any relief since he had retired earlier on 30.6.1990. The Deputy Director of Education by its order dated 5.7.2002 also passed an order on similar lines. Consequently, the petitioner has filed the present petition praying for the quashing of the order dated 30.5.2001 passed by the District Inspector of Schools and the order dated 5.7.2002 passed by the Deputy Director of Education. The petitioner further prayed that the G.O. dated 18.10.1997 be quashed and that a mandamus be issued to the respondents to refix the pension and pay the pension including its arrears to the petitioner after calculating the entire length of service which the petitioner had rendered, i.e. 35 years 9 months and 24 days.
(3.) Heard Sri Rahul Jain, the learned counsel for the petitioner and Sri Jai Krishna Twari and Sri Suresh Singh, the learned Standing Counsel for the respondents.;