SANGEETA CHANDRA,J. - (1.) This writ petition has been filed by the petitioner challenging the order dated 19.01.2012 passed by the Secretary Basic Education, by which the representation of the petitioner for grant of pensionery benefits has been rejected. A further prayer has been made for issuance of a mandamus to the Authorities to release the petitioner's pension w.e.f. July, 1998 till date along with interest.
(2.) Heard Mr. Siddharth Khare, learned counsel for the petitioner, Mr V.K. Nagaich, learned Standing Counsel for the State-respondents and Mr. R.B. Yadav, learned counsel for the Basic Shiksha Adhikari, Agra. Mr. Siddharth Khare has argued that the petitioner was initially appointed as Un-trained Assistant Teacher in a Basic/Primary School, Saraindhi, Block Jagner, District Agra on 30.08.1963. Later on, the said School came under the purview of the Basic Shiksha Parishad after notification of the Basic Education Act, 1972 and the services of the petitioner came to be governed by the U.P. Basic Education (Teachers Services) Rules, 1981. The petitioner was an Un-trained Teacher, and therefore, was given fixed pay of Rs. 350/- per month and she continued to remain on fixed pay till her retirement on 30.06.1992.
(3.) Although the State-respondents had issued a Government Order dated 04.12.1982, which provided for exemption from training to such Un-trained teachers, who had completed 10 years of service as on 30.06.1978, the case of the petitioner was never considered by the Department and therefore just before her retirement, the petitioner made a representation on 25.02.1991 requesting the Authorities to exempt her from training. Later on, a Circular was issued by the Director of Education (Basic) on 02.12.1991 demanding the list of Un-trained Teachers from various Districts and in pursuance of the said Circular Letter, the petitioner was directed to fill up the Form for the purpose of exemption from training, which was forwarded by the Head Master of the School concerned to the respondent-authorities. The copy of the Form filled up by the petitioner before her retirement and forwarded to the Authorities has been filed as Annexure 6 to the writ petition.;