- (1.) This writ petition has been filed by the petitioner Smt. Ratan Kanwar Gaur widow of late Shri Gopinath Gaur, aged 77 years on the premise that her late husband was appointed as Senior Teacher with Johari Multi-Purpose Higher Secondary School, Ladnu by vide order dated 17-8-1959 which was a private education institution receiving grant-in-aid from the government. He was asked to officiate as Headmaster of the school for some time and thereafter on 22-1-1962 he was substantially appointed as headmaster w.e.f. 1-7-1961. When the academic session 63-64 was on the verge of closure, certain disputes erupted between him and the management of the institution. In this background when he applied for leave for 4 days during the academic session 1964-1965 the management committee arbitrarily refused the leave application and appointed one Vidhyanand Sharma as Headmaster of the School. Shri Gaur joined back on 14-7-1964. When he found that someone else has been appointed in his place and his services have been terminated, he submitted a protest petition to the management committee. When nothing has been done, he submitted a representation on 12-7-1964. It was thereafter that he filed appeal before Deputy Director Rajasthan under the Rules for payment of grant- in-aid to non-government educational institution in Rajasthan 1963. Inspector of the school in his report dated 11-5-1966 observed that the termination of service of Shri Gopinath Gaur has been made in clear violation of the grant-in-aid Rules. Even when the report of the Inspector was pending before the Appellate Authority, the State Government vide its order dated 21-7-1966 took over the management of the said school. When the grievances of the husband of the petitioner were not redressed, he filed writ petition No. 377/67. During the pendency of the writ petition the appellate authority passed the order dated 15-9-1967 conveying to Sh. Gopi Nath Gaur that even though the termination was not made in conformity with the provisions contained in the rules but still he was not entitled to unconditional reinstatement and that he is only entitled to leave salary as per rules and salary of three months in lieu of notice. In these circumstances, her husband upon being advised withdrew the writ petition with liberty to file fresh one to challenge such communication. He filed another appeal which was dismissed on 25-7-1969. It was against that he filed S.B. Civil Writ Petition No. 1479/69 which was allowed by a learned Single Judge of this Court by judgment dated 15-1-1974. In the judgment it is held that services of the late Sh. Gopinath Gaur were never legally terminated and therefore he should be deemed to have continued in service and be considered as an existing member of school staff as on 21-7-1966. According to government order taking over the management of the school, he was entitled to be treated as government servant subject to his being adjudged suitable after screening. The respondents however challenged the said judgment before Division Bench in D.B. Civil Special Appeal No. 48/75 which was ultimately dismissed on 28-7-1984. During pendency of appeal, however, Sh. Gopinath attained the age of superannuation on 15-8-1977.
(2.) In the beginning of the year 1988 Sh. Gopinath Gaur received from the government communication dated 8-1-1988 to inform him that he was not adjudged suitable by the screening committee in its meeting held on 6-7-1987. Aggrieved thereby Sh. Gopinath preferred a writ petition (S.B. Civil Writ Petition. No. 3495/90) which was allowed by learned Single Judge by order dated 13-5-1992 who quashed the order being laconic with a direction to the respondents to reconsider the case of the petitioner to adjudge his suitability for giving him retiral/pensionary benefits.
(3.) When nothing was done by the respondents in compliance of the judgment dated 13-5-1992 to consider the case of the late husband of the petitioner afresh for adjudging his suitability for absorption, he made number of representations and finally he died on 4th May, 1993. In these circumstances, the petitioner got a legal notice for demand of justice served upon the respondents on 16-4-2002 and finally the petitioner has filed the present writ petition with the prayer that the respondents be directed to consider suitability of her late husband and pass necessary orders for granting pensionary and other retiral benefits as also the pension in lieu of his service till his late husband was alive and thereafter the family pension to the petitioner together with interest at the rate of 15% per annum on such arrears.;