NAGAVENI R Vs. JOINT DIRECTOR OF HIGHER

JUDGEMENT

(1.) BY this petition, the Petitioner seeks pension and other retiral benefits by counting her services from 25.2.1975 to 5.11.1984 rendered with the Maharashtra State Board of Secondary and Higher Secondary Education (Board) alongwith her service as a clerk -cumstenographer at the PD Lions College of Commerce and Economics, Malad (West), Mumbai (School), an aided Institution with effect from 6.11.1984 to 31.1.2002.

(2.) THERE is no serous dispute that the Petitioner is entitled to pension and other retiral benefits on the basis of her service with the School rendered from 1984 to 2002. The only reason this has remained to be paid till date is because the Petitioner refused to sign the pension papers by excluding period of service with Board from 25.2.1975 and 5.11.1984 apprehending that the signing of such papers might be construed as waiver of her larger claim.

(3.) THE only question which remains is whether the Petitioner's service from 1975 to 1984 with Board is to be counted for the purposes of determination of her pension and other retiral benefits. Mr. Jayaraman, learned counsel appearing for the Petitioner primarily made the following two submissions: