LAWS(BOM)-2023-8-499

ANIL WASUDEORAO PANDE Vs. DEPUTY DIRECTOR OF EDUCATION

Decided On August 24, 2023
Anil Wasudeorao Pande Appellant
V/S
DEPUTY DIRECTOR OF EDUCATION Respondents

JUDGEMENT

(1.) Heard Mr. Shende, learned counsel for the petitioner, Mr. Pathan, learned AGP for the respondent Nos. 1 and 2/State and Mr. Jibhkate, learned counsel for the respondent No.3.

(2.) The petition questions the order dtd. 8/8/2017 passed by the respondent No.1, refusing to include the temporary engagement of the petitioner for the duration 1985 to 1988 for the purpose of calculating the pension (page 24).

(3.) Mr. Shende, learned counsel for the petitioner, relying upon the provisions of Rules 38, 54 and 58 of the Maharashtra Civil Services (Pension) Rules, 1982 (for short "MCS Rules 1982") read with Rule 13 (2) of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 (for short "MEPS Rules 1981") contends, that the petitioner would be entitled for such inclusion and consequent calculation of pay on that basis. In sum and substance, the petitioner is seeking a declaration that the temporary employment of the petitioner should be included in the qualifying services for the purpose of calculating the pension.