1. By this writapplication under Article 226 of the Constitution of India, the petitioner, a retired secondary teacher has prayed for the following reliefs: "(A) Quashing and setting aside a letter dt. 20.10.2014 issued by the respondent no.3 prohibiting the respondent no.4 form preparing and forwarding the pension papers of the petitioner.
(B) Directing the Respondents to prepare the pension papers and pay all the retirement benefits to the petitioner w.e.f.1.11.2014 with 12% interest.
(C) During the pendency and final disposal of this petition, the Respondent No.4 may be directed to pay provisional pension, provident fund, gratuity and leave encashment forthwith.
(D) To award exemplary cost to the petitioner.
(E) To grant such other and further reliefs as may be deemed fit."
C/SCA/4240/2015 ORDER
2. The facts giving rise to this application may be summarized as under:
3. The petitioner was appointed as a secondary Teacher in the respondent No.4School vide order dated 26th September, 1989. She was declared as a surplus in the year 2012 by an order dated 3rd July 2012 passed by the respondent No.2. The petitioner was again absorbed as a higher secondary teacher in the same school. The petitioner requested the respondent No.4 to permit her to superannuate on completion of 58 years of the service on 3rd October 2014 and also requested that her pension papers be processed and forwarded to the concerned authority. An endorsement to that effect has been made in her service book by the respondent No.4.
4. On 20th October 2014, the respondent No.4 prepared the pension papers of the petitioner, however, the respondent NO.3, the President of Shri Kelavni Mandal (although served with the notice of this Court but has chosen not to appear) informed the respondent No.4 not to prepare the pension papers of the petitioner without the permission of the Trust.
5. The respondent No.2, vide letter dated 28th October 2014, forwarded the original service book and the letter sanctioning the pension of the Page 2 of 4 C/SCA/4240/2015 ORDER petitioner to the respondent No.4. It appears that the respondent No.3, with some ulterior motive, has sat tight over the matter. His absence before this Court is also conspicuous.
6. Mr. Shah, the learned advocate appearing for the respondent No.4School, submitted that the necessary papers of the pension have been prepared and the same have been sent to the DEO Office on 20.06.2014. Since the papers had already reached to the Office of the DEO, it was expected of the DEO to pass the necessary orders. However, it appears that the DEO, once again, forwarded the papers to the respondent No.4 seeking some clarification as regards the last pay drawn by the petitioner.
7. The respondent No.4 is directed to answer the query raised by the DEO and forward the papers once again to the DEO with the answer within a period of 15 days from the date of the receipt of the writ of this order. The respondent No.4 shall not seek any further instructions from the respondent No.3. Once the papers reach the office of the DEO with the answer to the query, then the DEO shall pass the necessary order sanctioning the pension. This exercise shall be completed within a period of four weeks thereafter failing which the arrears will have to be paid with Page 3 of 4 C/SCA/4240/2015 ORDER interest.
8. With the above observations and directions, this petition is disposed of. Direct service is permitted.
9. A copy of this order be provided to Mr. Shah, the learned advocate appearing for the respondent No.4, for its onward communication as well as to Mr. Swapneshwar Goutam, the learned AGP.
10. Liberty is reserved to revive this petition in case of difficulty.
(J.B.PARDIWALA, J.) Manoj Page 4 of 4