SHAKUNTALA AMBADASRAO DESHPANDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard finally with consent of the parties at admission stage.

(2.) The Petitioner approached this Court under Article 226 of the Constitution of India, impugning communication dtd. 3/3/2005 issued by Respondent No.3, thereby declining pensionary benefits. The petitioner further prays for issuance of writ of mandamus against respondents to accord her pension by counting period of her part time service for qualified service, as admissible under Maharashtra Civil Services (Pension) Rules, 1982 and Maharashtra Civil Services (Commutation of Pension Rules), 1984 and release pension alongwith the arrears. The Petitioner also seeks directions against respondent no.6-School to submit her pension papers before respondent Authorities for grant of benefits as per old pension scheme.

(3.) The Petitioner contends that she was appointed as part time Librarian with 'Rashtriya Shikshan Samiti', Nanded vide appointment order dtd. 13/6/1990 by following due procedure of law. The School i.e. Bharat Vidyalaya, High School, Nanded was receiving grant-in-aid since 1967. The post of the Part time Librarian was also eligible for grant-inaid. From 30/3/1998 the petitioner was approved as Full Time Librarian. She discharged her duties as full time Librarian till age of her superannuation i.e. 28/2/2005. By the time of her retirement, she had rendered total service of 14 years, 8 months and 19 days (7 years, 9 months and 16 days as part time and 6 years, 11 months and 3 days as full time). According to the petitioner, employees of Private School receiving grant-in-aid are governed by the provisions of Maharashtra Employees of Private School (Condition of Service) Regulation Act, 1977 (for short "Act of 1977") and lays down terms and conditions as regards to the salary, pay scale, seniority, promotion as well as pensionary benefits.