Dattatraya Prabhakar Rajbinde vs The Deputy Director Of Education ...
2016 Latest Caselaw 2335 Bom

       wp2973.05                                                                     1



                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY




                                                                          
                               NAGPUR BENCH

                        WRIT PETITION  NO.  2973  OF  2005




                                                  
      Dattatraya s/o Prabhakar Rajbinde
      aged about 64 years, occupation -




                                                 
      Retired, r/o Chavadi Square,
      Badnera Railway Station (Old city),
      District - Amravati.                          ...   PETITIONER




                                       
                        Versus
                             
      1. The Deputy Director of Education,
         Amravati Division, Amravati
         (for Maharashtra State).
                            
      2. Accountant General II of
         Maharashtra, Nagpur.

      3. The Head Master,
      


         Ganeshdas Rathi High School &
   



         Junior College, Amravati (run
         by Shri Ganeshdas Rathi
         Chhatralaya Samiti, Amravati)              ...   RESPONDENTS





      Shri M.M. Ekre, AGP for respondent Nos. 1 & 2.
                        .....

                                   CORAM :     B.P. DHARMADHIKARI &





                                               P.N. DESHMUKH, JJ.

MAY 05, 2016.

ORAL JUDGMENT : (PER B.P. DHARMADHIKARI, J.)

Nobody for the petitioner even today. Yesterday,

the matter was called out twice and passed over as there was

no appearance either for the petitioner or for respondent No.3.

2. Shri M.M. Ekre, learned AGP has appeared on

behalf of Respondent Nos. 1 & 2. He has invited our attention

to the reply affidavit to show that the petitioner retired after

reaching the age of superannuation on 28.02.1999 and

thereafter present petition has been filed belatedly in July

2005.

3.

With the assistance of the learned AGP, we have

perused the prayer clause (i) in the petition which shows an

effort to seek condonation of break in service from 19.03.1973

to 08.07.1973. The petitioner has worked as Full Time

Librarian from 01.09.1978 to 28.02.1999. Before that he

worked as a Part Time Librarian with the very same employer

from 09.07.1973 to 31.08.1973. Prior to this service, from

01.09.1971 to 18.03.1975, he has worked as Librarian with

Suwalal Patni Arts and Commerce College at Pulgaon. Thus,

after service with that College and till joining his last employer

i.e. from 19.03.1973 to 08.07.1973, there is break in service.

The petitioner wants that ignoring this break, his service from

01.09.1971 should be recognized as continuous one.

4. The service rendered by the petitioner was on Part

Time basis and the State Government has in reply affidavit

specifically invited our attention to Rule 70.4 of the

Maharashtra Secondary Schools Code, where Part Time

employees are held not eligible either to Provident Fund

Scheme or Pension scheme. Thus, Part Time service rendered

by the petitioner is not valid for the purposes of computing his

qualifying service. The State Government has filed its reply on

04.05.2006 and thereafter the petitioner has not challenged the

validity of Rule 70.4 of the Maharashtra Secondary Schools

Code.

5. We, therefore, find no substance in the present writ

petition. It is accordingly dismissed. Rule discharged.

However, there shall be no order as to costs.

               JUDGE                                                   JUDGE
                                               ******

      *GS.