PUNJAHARI BABURAO DIGHE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Mr. Yawalkar, learned Additional Government Pleader and Mr. A. S. Shinde, learned Assistant Government Pleader waive service on behalf of the respondents in respective writ petitions. By consent, Rule made returnable forthwith.

(2.) By Writ Petition No. 12902 of 2018 filed by petitioners under Article 226 of the Constitution of India, the petitioners seek a writ of mandamus against respondent Nos. 1 to 4 to direct them to (up-grade them/petitioners) as full time Librarian from the effective dates as mentioned in the Chart annexed at Exhibit - A in view of the provisions of G. R. dtd. 28/6/1994 with all consequential benefits including pay fixation, increments, arrears of salary and placement in higher pay scales under time bound promotion and pensionary benefits as per the Pension Rules.

(3.) The petitioners also pray for writ of mandamus for an order and direction that the provisions of the Government Resolution dated 3. 08.2006 restricting the up-gradation as full time Librarian from 1/4/2006 and treating the up-gradation as fresh appointments of forfeiting the benefits of past services as part time librarian be declared as ultra-vires the provisions of basic Government Resolution dtd. 28/6/1994 and contrary to Rule 30 and 33 of the Maharashtra Civil Services (Pension) Rules, 1982 (for the sake of brevity hereinafter referred as to the "Pension Rules"). The petitioners also pray for writ of mandamus to grant benefit of regular pension and retirement benefits as per the provisions of the Pension Rules.