This court disposed of a writ petition filed by a retired teacher seeking release of pension benefits. The court directed the respondent to consider and decide the petitioner's legal notice within three months.
Direction to respondent No.2 to consider and decide the legal notice within three months, or refer it to the competent authority.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
C.W.P. No. 5072 of 2009
DATE OF DECISION : 20.04.2009
Indrawati Jain
.... PETITIONER
Versus
State of Haryana and others
..... RESPONDENTS
CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL
Present: Mr. S.K.S. Bedi, Advocate, for the petitioner.
SATISH KUMAR MITTAL , J.
The petitioner has retired on 31.1.2007 from the post of Principal, Hindu Girls Senior Secondary School, Kath Mandi, Rohtak Road, Sonepat. She had joined the service on 1.5.1970 and also became member of the Contributory Provident Fund Scheme with effect from 1.4.1974. It is stated that in the private schools, the pension scheme was made applicable under the provisions of the Haryana School Education Rules, 2003 and in terms of Rule 114 of these Rules, option of the petition was sought. It is the case of the petitioner that she submitted her option for the pension scheme, but in spite of that, the pension benefit has not been released. It is also the case of the petitioner that in this regard, she served a legal notice dated 3.12.2008, copy of which has been annexed with the petition as Annexure P-3, but no decision has been taken on the same.
In view of the above, without issuing notice of motion, as it
CWP No. 5072 of 2009
-2-
will un-necessary delay the matter, this petition is disposed of with a direction to respondent No.2 to consider and decide the said legal notice in accordance with law, preferably within a period of three months. In case, respondent No.2 finds himself/herself to be incompetent to hear the said legal notice, then the same shall be referred to the competent authority for decision.
April 20, 2009 ( SATISH KUMAR MITTAL ) ndj JUDGE
1 issue framed by the court
Whether the petitioner is entitled to release of pension benefits after submitting an option under the Contributory Provident Fund Scheme.
1 provisions across 1 enactments
Indrawati Jain
State of Haryana
SATISH KUMAR MITTAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
