Gujarat High Court
B.B. Desai vs Accountant General, Gujarat State And ... on 23 September, 1986
Equivalent citations: (1987)1GLR424
JUDGMENT A.P. Ravani, J.
1. The teacher concerned in this petition is a retired primary school teacher. He joined the services as a primary school teacher in the erstwhile State of Bhavnagar on April 13, 1933, Thereafter, according to the department he had left the services on March 25, 1945 and was not in service upto June 12, 1947. The teacher concerned, i.e., Jatashanker Hargovind Vyas has retired sometime in the month of February, 1971. Thereafter his papers have been prepared and his services have been reckoned as commencing from June 13, 1947 for the purpose of pension. The teacher concerned contended that his services should be considered for the purpose of pension from April 13, 1933 and the break in service should atleast be condoned for the purpose of pension.
2. The teacher concerned had requested that his case be placed before the "Lok Adalat" which was held at Gadhada in Bhavnagar District. The Lok Adalat was held on February 10, 1985. In Lok Adalat after discussing the case, the Administrative Officer, Botad and other officers of Botad Municipality agreed that in respect of the service of the teacher from March 30, 1945 to June 12, 1947, an affidavit be obtained and pursuant to the certified copies given by the District Primary Education Office, Bhavaagar. necessary, further actions be taken by the Administrative Officer of Nagar Prathamik Shikshan Samiti Botad. Thus the case with regard to the payment of pension was to be taken up and persued with the Government and the office of Accountant General by the Administrative Officer, Primary Education Committee, Botad. Thereafter no tangible actions were taken and hence the teacher concerned ventilated his grievance before some newspaper correspondent. Reading the report in the newspaper the Member Secretary of the Gujarat State Legal Aid and Advice Committee has filed this petition. It is prayed in the petition that the respondents be directed to calculate the pensionable services of the teacher concerned from April 13, 1933 to February 4, 1971 continuously without any break whatsoever.
3. Earlier when the petition came up for hearing on February 18, 1986, a direction was given to the Director of Education (Primary and Adult Education) to the effect that the petition itself be considered as a representation made to him and he may pass a reasoned order thereon.
4. The Director of Primary & Adult Education has passed his reasoned order on March 24, 1986 and has rejected the same. A copy of the order is produced on record.
5. There does not appear to be any dispute with regard to the fact that the teacher concerned had joined service in the erstwhile State of Bhavnagar on 13-4-1933. However, the dispute is with regard to the period commencing from 30-3-1945 (or March 25, 1945) to June 12, 1947. According to the department the teacher concerned joined the services afresh on June 13, 1947. He was given fresh appointment order aid, therefore, his previous services cannot be considered for the purposes of pension.
6. The aforesaid contention of the respondent authorities cannot be accepted. Annexure 'D' dated April 4, 1952, is a circular issued by "Shala Adhikari", Bhavnagar. As stated therein a circular was issued by the Secretary, Education Department bearing No. C-1-1454 dated March 29, 1952, stating that frequent applications were being received with regard to the joining of the period of break in service. Therefore, as per letter of the Secretary bearing No. S.E. 1411/962 dated March 10, 1952, the break in services should be considered continuous for the purposes of pension and gratuity. This circular was very much before the Director of Education. But he has brushed aside the same on the ground that there is nothing to show that in case of the teacher concerned specific order has/had been passed by the Secretary. This ground does not appear to be reasonable. Where a general circular is issued covering particular type of cases there is no reason why the benefit of the same should not be given to the teacher concerned. It is not stated in the order passed by the Director that no such circular or letter was issued by the "Shala Adhikari" or by the Secretary. Once the Secretary, Education Department directs that particular types of benefits be given by considering the break in service as continuous then same benefits must be given to the teacher concerned also whose case is undisputedly covered by that circular.
7. It may further be noted that the period between March 25, 1945 to June 12, 1947 has been treated as on leave by the Office of D.E.O., Botad. The certified copy of the same was very much before the Director of Primary Education. However, he has not given any weight to the same on the ground that to support the certified copy, no record was available from the office of the District Primary Education Officer. This is not the fault of the teacher concerned and on such ground the certified copy produced by the teacher concerned cannot be rejected.
The District Primary Education Officer, Bhavnagar has issued certificate dated February 4, 1980 (Annexure-E) to the petition. It is to the effect that the teacher concerned has served as Primary School Teacher in the schools under Bhavnagar District Education Committee from April 13, 1933 to March 25, 1945 and thereafter from June 13, 1947 to February 4, 1971. The break of service from March 26, 1945 to June 12, 1947 was there but even so he was considered "deemed trained" from January 1, 1950 by taking into consideration his previous services.
8. In above view of the matter, there are three weighty documents in favour of the teacher concerned, (i) the circular issued by "Shala Adhikari" dated 4-4-1952. This circular has again referred to a letter written by the Secretary, Education Department dated 10-3-1952. As per these documents, the break in service should be condoned and the service should be treated as continuous for the purpose of pension and gratuity, (ii) There are certified copies of the orders passed by D.E.O., Botad regarding the sanction of leave for the period for which there is alleged break in services i.e., from March 25, 1945 to 12-6-1947. (iii) As per the certificate given by the District Primary Education Officer, the earlier service of the teacher concerned has been considered for giving him the grade of "deemed trained" from January 1, 1950.
9. In above view of the matter, there is no reason why the teacher concerned should not be given the benefit of continuous service for the purpose of pension only.
10. In the result, the petition is allowed.
11. The respondents are directed to calculate the pension payable to the teacher Mr. Jatashanker Hargovind Vyas from April 13, 1933 and not from 13th June, 1947. The respondents are directed to calculate the pension payable to the teacher concerned Shri Jatashanker Hargovind Vyas latest before 31-12-1986 and thereafter within a period of 15 days the amount of arrears shall be paid to him. Rule made absolute to the aforesaid extent with no order as to costs.