RATILAL MANILAL SHAH Vs. SECRETARY

JUDGEMENT

(1.) BY way of this petition under Article 226 of the Constitution of India, the petitioner seeks direction against the respondents to grant and pay pension by counting total service of 34 years from 10.6.1964 to 31.10.1997.

(2.) IT is the case of the petitioner that the petitioner was appointed as Assistant Teacher in Rupal High School, Rupal, Taluka Himatnagar and served there from 10.7.1964 to 16.6.1968. He was then appointed as Principal in Shri Swastik High School, Halisa, Taluka Dehgam and worked from 17.6.1968 to 15.6.1969. The petitioner worked as assistant teacher in Satarda High School at Satarda Taluka Malpur,District Sabarkantha from 16.6.1970 to 13.6.1971. Then, he worked as Principal in Nandanvan Vidya Vihar at Palundra, Taluka Dehgam from 14.6.1971 to 11.6.1972, as Assistant Teacher in Shri Vinay Vidya Vihar at Dharisana, Taluka Dehgam from 12.6.1972 to 20.6.1973, as Assistant teacher in Shri P.M.Kothari High School at Tintoi, District Sabarkantha from 21.6.1973 to 20.8.1973. It is further averred by the petitioner that the petitioner had taken education and training in B.Ed. and after the above said last service as Assistant teacher, the petitioner joined in primary school run by District Panchayat from 5.2.1974 and retired from the said school on 31.10.1997. It is thus case of the petitioner that he is entitled to get the pension taking into account his service period from 10.6.1964 to 31.10.1997, still however, for the purpose of pension benefits, respondents have counted services of the petitioner only from 5.2.1974 to 31.10.1997. The petitioner has, therefore, filed this petition for the purpose of considering the period of his service from 1964 to 5.2.1974 for the purpose of granting him pension benefits.

(3.) THE petitioner has filed rejoinder and has pointed out that as back as on 15.9.1997, the petitioner had already made representation to the District Primary Education Officer, Himatnagar for the purpose of joining earlier services rendered in Non-Government Secondary Schools and with the said representation, the petitioner had already sent necessary documents. In the said representation, the petitioner had also stated that he was ready to produce copy of the service book containing entries of his earlier service as and when he was required to produce the service book. The petitioner has also annexed copy of legal notice dated 7.10.99 issued through his lawyer with rejoinder.