ASHOK DATTATRAYA MARATHE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Respondents waive service. By consent, Rule is made returnable forthwith and the petition is taken up for hearing and final disposal.

(2.) The petitioner, a superannuated employee of the State Government has invoked the writ jurisdiction of this Court under Article 226 of the Constitution of India for counting his previous service rendered from 15/6/1967 to 31/7/1972 for the purposes of conferment of pensionery benefits and is aggrieved by the action of respondent-State Government in reckoning his service rendered from 15/6/1974 till date of his superannuation i.e. 30/4/2003 totally to 28 years, 10 months and 16 days for the purpose of pension and it is the case of the petitioner, that if the previous service rendered by the petitioner is counted for pensionery benefits, his total pensionable service would be 35 years and 10 months which would ultimately make him eligible for "full pension" considering his "full qualifying service".

(3.) The petitioner completed his M.Sc. Degree Course and thereupon by order dated 20/6/1974 the petitioner was appointed as temporary full time Demonstrator in Zoology in the college with effect from 15/6/1974 to 14/6/1975 on Rs. 340/- per month in the pay scale of Rs.250-15-400 along with other benefits. The petitioner was thereafter upgraded as Lecturer by an order dated 7/10/1976 and he was made a permanent Lecturer in the year 1976-77. The petitioner applied for "Teacher Fellowship" in Pune University and he completed his M. Phil in "A" Grade in the year 1988 from Pune University. The petitioner continued to work as Lecturer in Respondent No.5 College till 30/4/2003 when he retired on attaining age of superannuation. The petitioner rendered unblemished service to respondent No.5 without any stigma attached to him.