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SCA/8732/2011 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 8732 of 2011
=========================================================
RADHABEN
FATABHAI KAMOL - Petitioner(s)
Versus
STATE
OF GUJARAT THROUGH SECRETARY & 4 - Respondent(s)
=========================================================
Appearance
:
MR
MA PAREKH for
Petitioner(s) : 1,
MR AL SHARMA AGP for Respondent(s) : 1,
None
for Respondent(s) : 2 -
5.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 14/07/2011
ORAL
ORDER
Heard
the learned advocate Mr. MA Parekh appearing on behalf of
petitioner, learned AGP Mr. Sharma appearing on behalf of respondent
– State.
According
to the case of petitioner, who was a primary teacher serving in
Ashram schools from the year 1967 and thereafter was absorbed as
primary teacher in Vadodara District Education Committee for
Vadodara District Panchayat. The Government Resolution dated 23rd
August 1973 issued by Education and Labour Department, resolved to
employ teachers of Ashram Schools run by voluntary agencies to be
appointed and absorbed as primary teachers for District Education
Committee falling under Panchayats. Therefore, such teachers were
allowed to have lien in services of respective District Education
Committee. The present petitioner was selected as a primary teacher
of District Education Committee and was also given lien of service
wide order dated 7th December 1979. According to
petitioner, though lien was given in service and he was absorbed in
year of 1979 but respondents are denying pensionary benefit as a
primary teacher of District Education Committee. The benefits of
pension are given from date of absorption in service with effect
from 7th December 1979 in District Education Commission
and not from date of appointment in Ashram Schools. In view of fact
that petitioner is entitled pensionary benefit as per G.R. Dated
23rd August 1973, 25th January 1974 and order
dated 7th December 1979 and Circular dated 16th
April 1998, 6th April, 2002 and 10th April,
2002.
In
view of these factual aspects, denying pensionary benefits to
petitioner by respondents from date of appointment in Ashram
Schools, petitioner was absorbed from Ashram Schools to District
Education Committee keeping lien with Ashram Schools while
transferring provident fund amount to District Education Committee
in respect to petitioners.
In
view of these facts, it is open for petitioner to make detailed
representation about their grievance by sending copy of petition
with all annexures to respondents No.1 – The Chief Secretary,
Gujarat State, Sachivalaya, Gandhinagar and respondent No.2 –
The Secretary, Education and Labour Department, Sachivalaya,
Gandhinagar within a period of two weeks from date of receiving the
copy of the said order. As and when respondents No.1 and 2 receive
copy of petition which have been referred above, same may be treated
as representation with all annexures from petitioners then examine
grievance of petitioner in light of this factual background that
once petitioner was appointed in Ashram Schools in year 1968 and
remained continue in Ashram Schools. Thereafter, they are absorbed
by District Education Committee with continuity and lien and lien is
also keeping with the Ashram Schools.
Therefore,
it is directed to respondents to examine this issue on the basis of
various Government Resolutions issued by State Government time to
time in respect to such issue and pass appropriate reasoned order
after considering various circulars which are attached to petition
within a period of three months from date of receiving copy of
petition/representation with all annexures.
In
view of above observations and direction, present petition is
disposed of without expressing any opinion on merits. However, it is
made clear that if ultimately respondents will pass any adverse
order against petitioner, it is open for petitioner to challenge
same before appropriate higher forum in accordance with law. Direct
service is permitted.
(H.K.RATHOD,
J)
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