DWARKADAS TULSIDAS DHOKARI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BY this petition the petitioner is seeking payment of salary for the period 1st September, 1990 to 4th August, 1991 and also for proper computation of pension and post retirement benefits wherein the period between 1st September, 1990 to 4th August, 1991 should be treated as continuous service.

(2.) THE petitioner was appointed as an Assistant Teacher with respondent no. 5 - Lilavati Lalji Dayalji High School from 1966 till September, 1987. It appears that in September, 1987 when the petitioner was rendered surplus in the said Lilavati Lalji Dayalji High School, the petitioner was directed to be absorbed in Babu Pannalal Jain High School (B. P. Jain High School) at pydhonie, Mumbai by the Education Inspector as per Rule 26 of The maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981. The relevant portion of the said M. E. P. S. Rules reads as under :

(3.) IT appears that from September, 1987 till 31st August, 1990, the petitioner has worked as an Assistant Teacher in the said B. P. Jain High School wherein he has rendered surplus. Again pursuant to the order issued by the education Inspector whereby the petitioner was directed to be absorbed in lilavati Lalji Dayalji High School from September, 1990. It appears that one mrs. Rajgor was also rendered surplus and she was directed to be absorbed in seth M. K. High School, Borivli and it appears that Mrs. Rajgor was interested in getting absorbed in Lilavati Lalji Dayalji High School and accordingly she was ordered to be absorbed in that school. It appears that Mrs. Rajgor got absorbed in the said Lilavati Lalji Dayalji High School, whereas the petitioner was neither absorbed in Lilavati Lalji Dayalji High School nor even in Seth M. K. High school and ultimately on 27th September, 1990, again the Education Inspector wrote to the Principle of Seth M. K. High School that the petitioner should be absorbed in the said school, which was not complied with. Thereafter the petitioner reported at Vanita Vishrm High School as per the Education inspector's order wherein also there was reduction in classes within two months as such the petitioner would have been rendered surplus as such he was not allowed to join. Ultimately subsequent to the order passed on 8th April, 1991 by the Deputy Director of Education, the petitioner finally joined duties in CVOD jain High School, Dongri, Mumbai with effect from 5th August, 1991.