VAIDYA NARENDRA Vs. STATE OF MAHARASHTRA AND ORS.

JUDGEMENT

(1.) RULE . Rule made returnable forthwith. With the consent of parties taken up for final hearing.

(2.) THE petitioner had filed Original Application bearing No. 485 of 2013 before the Maharashtra Administrative Tribunal at Aurangabad (for short "M.A.T."). The petitioner prayed for following reliefs in the said original application.

(3.) MR . Thombre, the learned counsel for the petitioner strenuously contends that once the Tribunal had directed to accept the voluntary retirement application of the petitioner and had further held that petitioner stood retired pursuant to his application for voluntary retirement on 30th September 2009, then the pensionary benefits as available to a voluntary retired employee should have been awarded. The learned counsel submits that, the Tribunal had misread the Government Resolution dated 18.05.2013. Sub -clause (6) of clause 2 of the Government Resolution is relevant. An affidavit is given that the petitioner belongs to Koshti (Special Backward Class) and left his claim as belonging to Halba (Scheduled Tribe). The petitioner is appointed as a lecturer in the year 1989 by following due selection process. Thereafter Reader in the year 1997 and promoted as Associate Professor in the year 2002. As such, the petitioner is entitled for the retiral benefits. The learned counsel submits that, the petitioner is in Government employment right since 1984 as a demonstrator and since 1989 as a lecturer. As the retiral benefits are illegally withheld, the petitioner is also entitled for interest at the rate of 12% per annum on all the said claims from 01.02.2010.