Bombay High CourtWP/6423/2023allowed

Rajesh S/O Govindlal Chatterjee v. The State Of Maha., Thr. Secretary, Finance Department, State Of Maha., Mumbai And ORS

2024-08-23Hon'Ble Shri Justice Avinash G. Gharote,Hon'Ble Smt. Justice M. S. Jawalkar1 pages

(1) 14A wp 6423-2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 6423 OF 2023 (Rajesh S/o Govindlal Chatterjee Vs. The State of Maharashtra through its Secretary, Finance Department, State of Maharashtra, Mantralaya, Mumbai and others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ---------------- - - - - - Shri Ketan Pote, Advocate h/f Shri A.G. Ambetkar, Advocate for petitioner Shri N.R. Patil, AGP for respondent Nos. 1 to 5 CORAM : AVINASH G. GHARO TE AND SMT M.S. JAWALKAR, JJ.

DATE :

23.08.2024.

It is not in dispute that the petitioner was appointed as a part time Shikshan Sevak on 01/08/2001 which was before the cut off date of 01/11/2005 for the applicability of the old pension scheme. On 01/08/2004 the petitioner became a part time assistant teacher. Though the petitioner has been regularized as a Full Time Junior College Teacher on 31/08/2007, that however would not disentitle the petitioner for seeking benefits of old pension scheme, as it is not disputed by the learned Assistant Government Pleader that the school was on 100% grant in aid from 1975-76 and the post on which the petitioner was appointed was a sanctioned post and the temporary appointment of the petitioner would be entitled to be considered for counting the service period for the purpose of determining his pension upon his superannuation. The petition is therefore allowed by holding that the petitioner is entitled for the benefit of the old pension scheme.

(SMT M.S. JAWALKAR, J.) (AVINASH G. GHAROTE, J.) Jayashree..