PRATIBHA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Shri Anand Parchure, learned Advocate for petitioners and Mrs. Sangita Jachak, learned Assistant Government Pleader for respondents. Rule. Rule made returnable forthwith and heard finally.

(2.) Petitioner No. 1 - Mrs. Pratibha w/o Suryakant Kale has challenged communication by respondent No. 3 - The Education Officer (Secondary) dtd. 22/12/2020 issued to petitioner No. 3 -Yashodabai Khare Junior College of Education by which benefit of pension under the Old Pension Scheme was denied to her. She had obtained degrees of Bachelor of Arts (B.A.), Bachelor of Physical Education (B.P.Ed.), Bachelor of Education (B.Ed.), Master of Arts (M.A.) and Master of Education (M.Ed.). She was appointed as Part Time Physical Training Instructor on a fixed pay in petitioner No. 3 -Yashodabai Khare Junior College of Education on 18/7/1987 initially for a period of ten months. Her appointment was time to time renewed, till 30/4/1996. Her appointment was also approved time to time by respondent No. 2 - The Deputy Director of Education, Nagpur Division, Nagpur and respondent No. 3 - The Education Officer (Secondary), Nagpur.

(3.) Petitioner No. 2 - The Pune Seva Sadan Society, Nagpur is a society registered under The Societies Registration Act and Bombay Public Trusts Act to run colleges petitioner No. 3 -Yashodabai Khare Junior College of Education and petitioner No. 4 -Seva Sadan Junior College of Education, Nagpur. Petitioner No. 2 - Society, after following due procedure, appointed petitioner No. 1 -Pratibha Kale in petitioner No. 3 College as Part Time Physical Training Instructor on half pay for a period of ten months on 1/7/1996. The said appointment was approved by respondent No. 2 - Education Officer on 4/2/1997. As petitioner No. 1 - Pratibha Kale discharged duties satisfactorily, petitioner No. 2 - Society by passing Resolution dtd. 10/6/1997 approved the appointment of petitioner No. 1 - Pratibha Kale as Permanent Physical Training Instructor with half pay on probation for a period of two years i.e. until 10/6/1999 in petitioner No. 3 - College. The said appointment was also granted approval by respondent No. 2 - Education Officer on 17/3/1998. After 10/6/1999, the probation period of petitioner No. 1 - Pratibha Kale was extended, until further orders as per decision taken by Committee in meeting dtd. 24/4/1999. Petitioner No. 2 - Society, vide its resolution dtd. 24/5/1999, resolved to appoint petitioner No. 1 - Pratibha Kale as Permanent Part Time Physical Training Instructor in petitioner No. 3 - College. The said appointment was approved by respondent No. 2 - Education Officer on 30/8/1999.