Gujarat High Court
Binduben vs State on 14 July, 2011
Author: H.K.Rathod
Bench: H.K.Rathod
Gujarat High Court Case Information System
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SCA/8731/2011 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 8731 of 2011
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BINDUBEN
SURTANBHAI VASIYA - 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.
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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 1968 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) asma Top