TULSIRAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this petition, filed under Article 226 of the Constitution of India, the petitioneremployee seeks a writ of mandamus directing the respondents to grant pension and other retiral benefits in accordance with the Government Schemes and Rules framed thereunder. The prayers have been amended on 14th July 2011 and the relief of quashing and setting aside G.R. dated 1st February 1984 has been sought. By another prayer added on 17th October 2006, in alternative direction is sought to extend said G.R. dated 1st February 1984 to the Workshop of respondent No.4. On 22nd November 2013 one Preranalaya (Sheltered Workshop Section) Home for Aged and Handicapped Association and Sandhi Niketan Apangachi Karmashala Employees Association have been added as petitioners.

(2.) The facts show that petitioner No.1 worked as Watchman from 1st March 1965 in the Sheltered Workshop Section of Home for Aged and Handicapped school run for special children by respondent No.4. He reached the age of superannuation i.e. 60 years on 11th July 1996 and as per order dated 06.02.1996 has been superannuated on 31st July 1996. He had made a representation to respondent No.3 seeking benefit of pension on 30th October 1996. That application has been rejected on 15th November 1996 by the office of respondent No.4 assigning reason that pension scheme is not extended/applicable to employees of Workshop. It is in this background that the petition came to be filed and has been amended thereafter from time to time.

(3.) Before proceeding further, it will be appropriate to note that G.R. dated 1st February 1984 is issued by Social Welfare Department of State of Maharashtra for releasing pension to teaching and nonteaching staff of special schools and special hostels. Said G.R. states that question of extending the same to full time teaching and nonteaching employees of recognised children hostels was under consideration of the State Government and after deliberations, Government decided to give that benefit to said employees retiring on or after 31st March 1981. The Government has clarified that special schools for the purposes of said G.R. include schools run by Voluntary Organizations duly approved and receiving grantinaid from Director of Social Welfare. In present petition, we are not concerned with the hostels. The petitioners before this Court claim to be the employees in Workshop.