- (1.) The petitioner is a retired Assistant Teacher of a Primary School. She has moved this writ petition under Article 226 of the Constitution for issuance of a writ of certiorari to quash the order dated 12th June, 2008 passed by the Additional Director of Education (Secondary), U.P., Allahabad, the third respondent, whereby her representation for sanction of pension has been rejected.
(2.) The essential facts are that Gurukul Sarvodaya Inter College, Panchali Khurd, District Meerut1 is a recongnised educational institution, wherein education is imparted from Class-I to Class-XII. The Institution receives the financial aid out of the State fund. It is governed by the provisions of the Uttar Pradesh Intermediate Education Act, 1921 (U.P. Act No. II of 1921)2 and the Uttar Pradesh High Schools and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1971 (U.P. Act No. 24 of 1971)3. Initially, the primary section from Classes I to V, attached to the Institution, was not receiving grant-in-aid. It was first time brought on the grant-in-aid list with effect from 01st October, 1989, therefore, it also came under the purview of the Act, 1971.
(3.) The petitioner was initially appointed as an Assistant Teacher in the primary section of the Institution on 01st July, 1964. She reached her age of superannuation on 30th June, 2001. The grievance of the petitioner is that she has not been sanctioned pension. When several representations having been made by the petitioner for sanction of pension remained pending, the petitioner along with four other similarly placed Assistant Teachers of primary section of another institution, namely, Gurunanak Girls Inter College, Kankarkhera, Meerut approached this Court under Article 226 of the Constitution by means of Civil Misc. Writ Petition No. 1565 of 2008 (Smt. Sushila Thapar and others v. State of U.P. and others). The aforesaid four other Assistant Teachers, who joined the said writ petition along with the petitioner, were also appointed between 1966 and 1969 and they retired from service between 2001 and 2002. The said writ petition was disposed of by this Court vide order dated 09th January, 2008 with a direction upon the authority concerned to take appropriate decision in the matter and pass a reasoned and speaking order.;