RANJANA D/O VITHALRAO INGLE Vs. STATE OF MAHARASHTRA, DEPARTMENT OF SCHOOL EDUCATION, THROUGH ITS SECRETARY, MANTRALAYA, MUMBAI

JUDGEMENT

(1.) Rule made returnable forthwith.

(2.) The petitioner was initially appointed as an Assistant Teacher by an order dated 107.1997 by following procedure prescribed under the Maharashtra Employees of Private Schools (Conditions of Service) Act and Rules framed thereunder. It is not in dispute that the petitioner was qualified for being appointed to the said post, but the appointment was made on temporary basis for a period of one year for the reason that the petitioner was appointed in the vacancy which caused due to termination of service of one Smt. Ghadge, who had preferred an appeal before the School Tribunal. Since the matter was pending before the School Tribunal for adjudication, the appointment of the petitioner was continued on year to year basis and accordingly, approval was also granted to her appointment by the Education Officer upto 01.07.2008, when she was appointed on regular basis. The petitioner continued to work as an Assistant Teacher on regular basis thereafter and now she is to retired in the month of September 2019.

(3.) On the basis of the Government Resolution dated 31.10.2005, more particularly clause 4(b) therein, it is the stand taken by the respondent Nos. 3 and 4 in their affidavit that the petitioner was recruited on regular basis for the first time on 01.07.2008 and therefore, the pension scheme introduced by Government Resolution dated 31.10.2005 shall not be applicable to the petitioner and the service rendered by the petitioner prior to 01.07.2008 cannot be taken into consideration so as to make her eligible for grant of pension.