VIJAY ARUN BHAMBHURKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BY this writ petition, the petitioner seeks a direction against the respondents, requiring the respondents to give due weightage to the petitioners service rendered by her as a teacher in the school managed by Zilla Parishad for the purposes of the fixation of pay, seniority and pensionary benefits.

(2.) THE facts giving rise to this writ petition, briefly, are as follows:

(3.) PETITIONER is a duly trained and qualified primary teacher. She joined as a full time primary teacher with Pune Zilla Parishad in June, 1963. In January 1973, she applied for the post of primary teacher in Pune Municipal School through proper channel. Her resignation was accepted by the Zilla Parishad, Pune on 22nd February, 1973 and accordingly, she joined Municipal School No. 26 at Pune. Her pay was fixed at Rs. 120/- per month. According to the petitioner, her salary should have been fixed at Rs. 140/- per month. This was on the basis that the petitioner sought to place reliance on Rule 46 (2) of the Maharashtra Civil Services (Pension) Rules, 1982. On 15th December, 1981, petitioner represented to the Deputy Director of Education, Pune, praying for protection of her salary, seniority and pensionary benefits. However, by the impugned order dated 15th July, 1983 passed by respondent No. 1, her representation came to be rejected. Under the above circumstances, the present writ petition came to be filed.