DESHMUKH DILIPKUMAR BHAGWAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) At the outset, we may record in brief the facts leading to the present Reference.

(2.) In order to appreciate this controversy, we may take note of the relevant statutory provisions and Government Resolutions ("GR" for short).

(3.) In order to regulate recruitment and conditions of service of employees in certain private schools, the State legislature framed the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 (hereinafter referred to as "the Act of 1977"). In exercise of powers conferred under sub-sections (1) and (2) of Section 16 read with Section 4 of the Act of 1977, the Government of Maharashtra framed the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Rules, 1981 (hereinafter referred to as "the said Rules of 1981"). These Rules provided the qualifications for appointment to various teaching posts in private schools. It also laid down the pay scales and allowances and other service conditions of such teachers. Rule 19 of the said Rules of 1981 pertains to pension and reads as under:-