GOVEKAR K S Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE question involved in this Petition is whether the Petitioner is entitled to get invalid pension under the Maharashtra Civil Services (Pension) Rules, 1982.

(2.) THE Petitioner was working as Hamal in the Victoria Jubilee Institute, Matunga, Bombay during the period from November 17, 1955 to January 6, 1981 i. e. for about 25 years and two months. It is a Technical Institute. He was the permanent Class IV employee. The said Institute is aided by the Government of Maharashtra and the Pension Rules of the State are adopted by it.

(3.) IT is the case of the Petitioner that he submitted application for voluntary retirement as he was physically disabled. He has crossed the ge of 55 and was permitted to retire from January 17, 1981 on compassionate grounds. At that time, the Petitioner could not claim pension. He got only gratuity. It is his further case that pension and Death-cum retirement Gratuity Scheme is made applicable to the employees of non Government aided Engineering Technical and/or Technological Colleges, etc. by the Government of Maharashtra Resolution dated August 29, 1989 (Education and Employment Department) in case of those employees who retired from January 1, 1973 to September 30, 1982. It is the contention of the Petitioner that the Petitioner is entitled to get the benefit of the said Resolution and hence to receive the pension. It has been pointed out that Respondent No. 3 - Principal of the Victoria Jubilee Institute, has written a letter to the Petitioner dated September 20, 1989 (Exhibit "b') pointing out that if the Petitioner wants to take benefit of the Pension and Death- cum-Retirement Gratuity Scheme, then he should fill the prescribed form as mentioned therein. The Petitioner opted for the Pension Scheme but he was not granted pension. Hence, this petition under Article 226 of the Constitution of India.