PRAMODHINI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) RULE. Rule made returnable forthwith. Heard finally with the consent of learned Counsel for the parties.

(2.) By this petition, the petitioner seeks declaration that she is entitled for pension and all retiral benefits with effect from date of her retirement i.e. 30/6/2001. She had also claimed arrears of pension.

(3.) The petitioner was initially appointed in Vasantrao Vidyaniketan English Medium Primary School, Yavatmal as an Untrained Teacher from 30/6/1973. The school was controlled by Zilla Parishad, Yavatmal. Her initial appointment was for the period from 30/6/1973 to 30/4/1974. Thereafter the termination order was issued to her on 5/4/1974. Thereafter again the appointment was given to her for the period from 30/6/1975 to 30/4/1976, 30/6/1976 to 30/4/1977, 2/5/1977 to 31/10/1977, 2/11/1977 to 30/4/1978, 2/2/1979 to 30/4/1979, 2/7/1979 to 31/12/1979. Respondent No.3 further issued appointment order on 30/1/1980 appointing her for a period from 2/2/1980 to 31/1/1981 or till receipt of selection list from Selection Board. She was terminated on 30/1/1981. Thereafter again she was appointed from 3/2/1981 to 31/1/1982 or till receipt of select list from the Selection Board. Again she was appointed on 2/2/1982. Thus, by giving notional breaks, her service was continuous for the period from 30/6/1973 to 27/1/1983. Though the post of Primary School Teacher was vacant with the respondents and despite of vacant post, the respondents had continued her services by giving notional breaks till January, 1983. She served as an English Primary School Teacher for a continuous period of 10 years in Vasantrao Vidyaniketan English Medium Primary School, Yavatmal and thereafter said school was permanently closed down.