Case Note & Summary
The petitioner, Shri Jamaloddin S/o. Nasiroddin Shaikh, was appointed as a Hindi Teacher at Maulana Abdul Kalam Azad Urdu High School, Asegaon, and his service was approved by the Education Officer on 24.05.1990. On 01.12.1989, he was orally terminated by the school management. He appealed to the School Tribunal, which allowed his appeal on 05.05.1992, directing reinstatement with continuity of service. The management challenged this order in Writ Petition No.1947/1992, which was dismissed. Despite the Tribunal's order, the petitioner was not permitted to join duty, leading to another Writ Petition No.872/1994, which was allowed on 04.02.1998 with costs of Rs.2000/- imposed on the management. The petitioner finally joined service on 07.04.1998 and retired on 30.04.2022 after rendering over 34 years of service. The school forwarded his pension proposal on 07.05.2022, but the Education Officer returned it on 08.08.2022, stating that the petitioner was appointed as an untrained teacher and did not acquire trained teacher qualification until retirement. The court considered whether the petitioner was entitled to pension despite being untrained. The court held that the Education Officer having granted approval to the petitioner's service cannot later deny pension on the ground of untrained status, as the approval itself indicates that the department was aware of his qualifications. The court found the denial arbitrary and violative of Article 14. The petition was allowed, directing the respondents to process the pension proposal and pay pension with arrears within three months.
Headnote
A) Service Law - Pension - Entitlement - Denial of pension to a teacher who served for 34 years as untrained teacher with approved service is arbitrary and violative of Article 14 of the Constitution of India - The Education Officer having granted approval to the petitioner's service cannot later deny pension on the ground that the petitioner was untrained - Held that the petitioner is entitled to pension and the respondents are directed to process the pension proposal and pay pension with arrears within three months (Paras 1-6).
Issue of Consideration
Whether the petitioner, who served as an untrained teacher for 34 years with approved service, is entitled to pension despite not acquiring trained teacher qualification.
Final Decision
The petition is allowed. The respondents are directed to process the pension proposal of the petitioner and pay pension with arrears within three months from the date of the order.
Law Points
- Pension is a right and not a bounty
- service approval by Education Officer creates legitimate expectation
- denial of pension on ground of untrained status after 34 years of service is arbitrary
- pension cannot be denied on a ground not raised during service
