Shri Arun S/O Pralhadrao Charthad v. The Joint Director Of Vocational Education And Taining, Amravati And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Writ Petition No.1530 of 2019 Shri Arun s/o Pralhadrao Charthad

Versus

The Joint Director of Vocational Education and Training, Regional Office, Amravati and others Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Shri U.J. Deshpande, Advocate for the petitioner, Shri A.M. Deshpande, Assistant Government Pleader for the respondent no.1.

Coram : R.K. Deshpande & Vinay Joshi, JJ.

Date : 05.07.2019.

Civil Application (CAW) No.1769 of 2019 Heard.

For the reasons stated in the application, the application is allowed. The amendment be carried out within a period of one week from today.

Civil Application stands disposed of.

Writ Petition No.1530 of 2019 The petitioner was appointed as an Instructor in Minimum Competency Vocational Courses (for short 'MCVC') on 24.11.1994. His appointment was approved and subsequently he was transferred on 10.03.1999, by an order dated 25.07.1998, in the school run by the

same management. The earlier appointment as well as transfer of the petitioner was in the school run on a grand-in-aid basis. The petitioner retired from service on 30.04.2018. However, the service rendered by him from 24.11.1994 to 10.03.1999 has not been considered for the purpose of post retiral benefits, including the pension and, therefore, this petition is filed in the year 2019.

Our attention is invited to the proposal dated 19.08.1995, wherein the name of the petitioner and another Shri S.D. Raut is included and their appointments are shown from 24.11.1994 and 07.10.1994 respectively. The service of Shri S.D. Raut is counted from 07.10.1994 for the purpose of pension and retiral benefits, but the service rendered by the petitioner is ignored. Our attention is also invited to the representation dated 09.03.2009 and other several representations made to the Deputy Director of Vocational Education which are not appended to this petition.

Issue notice of final disposal of the matter, to the respondents, returnable on 30.08.2019.

Shri A.M. Deshpande, the learned Assistant Government Pleader, waives service of notice for the respondent no.1. In the meantime, we direct the Deputy Director of Vocational Education to take decision on the representation of the petitioner, dated 09.03.2009 in the light of the decision of this Court rendered on 03.02.2009 in Writ Petition No.1327/1997 and other connected

matters. The petition filed by the petitioner bearing No.794/1997 is also included in the said decision.

The petitioner to attend the office of the Deputy Director of Vocational Education on 15.07.2019, along with the entire record and the representations.

(Vinay Joshi, J.) (R.K. Deshpande, J.) Gulande