The Gujarat High Court recently passed a significant judgement in the Sunflower High School pension case. The case involved the entitlement to pension for a teacher who served from 1965 to 1999. The court directed Respondent No.7 School to process the pension papers of the petitioner expeditiously. This landmark decision sheds light on the rights of teachers in Non-Grant-in-Aid Schools to receive pensionary benefits as per government resolutions. Find out more about this crucial ruling in the legal landscape of Gujarat.
Arguments
- Ms. Harshal N. Pandya represented the petitioner, while Ms. Nidhi Vyas represented the respondent State.
- The petitioner, who retired on 31.10.2020, claimed entitlement to pension based on their appointment in 1992.
- The petitioner passed away during the proceedings, and their legal heir was substituted.
- The court noted that decisions in similar cases ruled in favor of granting pension to the petitioners.
- Directions were given to process the pension papers of the petitioner expeditiously.
- The requirement of re-depositing contributions and the government resolution of 1992 were mentioned.
- The petitioner claimed non-consideration of their case for pension and other retiral dues.
- The petitioner had worked at Sunflower High School from 27.01.1992 to 24.05.2010.
- Previous decisions of the court were cited where similarly situated employees were granted pension.
- The court highlighted the petitioner’s continuous service as a secondary school teacher/principal from 1965 to 1999.
- Learned advocate Ms. Pandya on behalf of the petitioner referred to Government Resolution dated 05.02.1980.
- Petitioner claims entitlement to pension as per the policy of the State Government.
- Petitioner approached the court as respondents did not grant him pension.
Analysis
- The Government Resolution dated 1st March, 1974 amended the earlier Resolution from 31st December, 1971.
- All services of teachers in Non-Government Grant-in-Aid Schools are pensionable with conditions on breaks in service.
- Even teachers in Non-Grant-in-Aid Schools can receive pensionary benefits if the school contributes to the Provident Fund or Pension Fund with the State Government.
- Teachers moving between Grant-in-Aid Schools were allowed pensionable service until the Resolution of 28th September, 1992 for schools recognized after June 1992.
- The teachers in the mentioned Non-Grant-in-Aid School are entitled to pensionary benefits under the Resolution of 28th September, 1992.
- Respondent No.7 is expected to cooperate with the investigation.
- It is unnecessary to reiterate the expectation of cooperation from Respondent No.7.
Decision
- The petitioner is entitled to receive pensionary benefits for the services rendered as a Secondary School Teacher/Principal from 14th June, 1965, to 31st October, 1999.
- The respondent no.7 School is directed to process the pension papers of the petitioner expeditiously and issue a pension payment order in favor of the petitioner.
- The respondent no.7 shall deposit the contribution amount to the CPF or pension fund within one month from the receipt of the order.
- The direction for pension payment order issuance must be complied with in three months from the receipt of the order.
- If the pension papers processing and payment are not done within 90 days, the petitioner is entitled to 6% interest on the arrears of pension.
- If delay is due to respondent no.7’s inaction, the burden of accrued interest will be on them.
- If there is a delay in preparing pension papers beyond 90 days, the State can recover the interest amount from respondent no.7.
- The CPF or Pension Fund contribution must be deposited by the respondent no.7 School as per the Government Resolution dated 5th February, 1980.
Case Title: MOHAMMEDRIYAZ ABDULLATIF KAZI Vs. STATE OF GUJARAT
Case Number: R/SCA/16321/2020
