PRALHAD GOPALRAO KOBRAGADE Vs. STATE OF MAHARASHTRA, EDUCATION DEPARTMENT, THROUGH ITS SECRETARY, MANTRALAYA, MUMBAI

JUDGEMENT

(1.) The undisputed position from the reply filed by the respondent Nos.1 to 4 and 5, the authorities under the State Government, viz. the Deputy Director of Education of the concerned Division and the Education Officer (Secondary), in respect of the service details of the petitioner, is narrated below :

(2.) The petitioner obtained his Bachelor's degree in Arts in the year 1980 and Master's degree in Arts in the year 198 The B.Ed. qualification was acquired by him in the year 1986. The petitioner worked as a trained graduate teacher for a period of 20 years and 5 days from 26-6-1968 to 30-6-1988 in the Secondary School, i.e. Nashik Madhyamik Vidyalaya, Gopal Nagar, Nagpur, the grantinaid School. The said School was derecognized by the order of the Education Department, passed on 30-6-1988. The name of the petitioner was included in the list of surplus teachers published by the Education Officer (Secondary), Zilla Parishad, Nagpur, for absorption on 25-10-1991. The petitioner was absorbed as an Assistant Teacher in the Secondary School, viz. Dharmaraj Vidyalaya, Pili Nadi, Nagpur, on 1-8-1992 and he worked there for 13 years and 2 months up to 30-9-2005, when he attained the age of superannuation and was retired.

(3.) There was a break in service of the petitioner from 1-7-1988 to 31-7-1992, i.e. for a period of 4 years and 1 month, as calculated by the respondents. The service of the petitioner for a period of 13 years and 2 months rendered by the petitioner from 1-8-1992 to 30-9-2005 in Dharmaraj Vidyalaya was counted for pension, ignoring his past service of 20 years and 5 days rendered at Nashik Madhyamik Vidyalaya during the period from 26-6-1968 to 30-6-1988. The Deputy Director of Education, Nagpur Division, Nagpur, submitted a proposal to the State Government on 15-12-2005 to condone the break in service of 4 years and 1 month and to count the past service of 20 years for the purpose of grant of pension and other retiral benefits to the petitioner.