Bombay High Court
Charandas Marotrao Ramteke vs State Of Mah. Edu. Dep. Thr. Gp High ... on 14 July, 2017
Bench: Ravi K. Deshpande
wp.725.06
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT NAGPUR, NAGPUR.
...
WRIT PETITION NO. 725/2006
Shri Charandas Marotrao Ramteke
Aged about 62 years, occu: retired teacher
R/o At & Post: Nerla, Tah. Pauni
Dist. Bhandara. ..PETITIONER
v e r s u s
1) State of Maharashtra
Education Department
Mantralaya, Mumbai-32
Through G.P. High Court, Nagpur.
2) Navyuvak Samaj Vikas Shikshan Sanstha
Masal, a registered public trust
PTR No. F-124/B: Through its President
at Nerla, Tah. Pauni, Dist. Bhandara.
3) Education Officer (Secondary )
Zilla Parishad, Bhandara. ..RESPONDENTS
...........................................................................................................................
Mr. Shashikant Borkar, Advocate for the petitioner
Mr. V.P. Maldhure, Assistant Government Pleader for respondent nos.1 & 3
............................................................................................................................
CORAM: R.K.DESHPANDE &
MRS . SWAPNA JOSHI, JJ
.
DATE OF RESERVING: 01.07.2017
DATE OF PRONOUNCEMENT: 14.07.2017
JUDGMENT: (PER MRS.SWAPNA JOSHI, J.)
Heard Shri Shashikant Borkar, learned counsel for the petitioner
and Shri V.P. Maldhure, learned Assistant Government Pleader for respondent
wp.725.06
nos.1 and 3.
2. By this petition, the petitioner, inter alia, prays as under :
"(i) By suitable writ or directions the respondent be kindly directed
to fix the pension of the petitioner as per rules showing the date of
retirement as 24.5.2002, or at any rate 24.5.1999 when the School
was closed.
(ii) They be directed to make payment of amount of pension,
gratuity and all other retiral benefits including contribution by State
in GPF along with interest thereof at the rate of 12% per annum."
3. The petitioner was working as an Assistant Teacher in a School
run by respondent no.2-Sanstha from 1969 till the school was de-recognised
in the year 1997 and the School was closed down on 24.05.1999. According to
the petitioner, he was declared surplus after the School was de-recognised.
The name of the petitioner was included in the waiting list for absorption in
some other School, vide letter dated 05.05.2000. The petitioner claims that he
is entitled for pension along with other retiral benefits. The petitioner
contended that he has rendered services for 28-years in the respondent no.2-
Sanstha and as per the provisions under the Rule 25A of the Maharashtra
Employees of Private Schools (Conditions of Service) Rules 1981, the
petitioner was entitled for absorption in other School as a surplus employee
wp.725.06
on termination upon closure of school.
4. Learned A.G.P. did not dispute the factual position of the
petitioner rendering 28-years of service in aided School and the closure of the
School on account of de-recognition. It is also not in dispute that the petitioner
was qualified for pension and had rendered pensionable service of 20 years.
5. It would be advantageous to go through the provisions under
Rule 25A of the Rules of 1981, which is couched in the following terms :-
"25A. Termination of Service on account of abolition of posts.
(1) The services of permanent employee may be terminated by
the Management on account of abolition of posts due to closure of the
school after giving him advance intimation of three months to the
effect that in the event of closure of the school his services shall be
automatically stand terminated. In the case of closure of school due
to derecognition, such advance intimation of three months shall be
given by the management to the permanent employees after receipt of
a show cause notice from the Deputy Director.
Explanation: For the purposes of this sub-rule, the expression 'closure of the
school' shall include -
(i) Voluntary closure by the management of the entire
School if it is imparting instruction through one medium or
wp.725.06
a part of the school comprising one or more media of
instruction if it is imparting instruction through more than
one medium; and
(ii) closure of the school due to de-recognition by the
Department.
(2) The names of the employees in aided schools, whose services
stand terminated in accordance with sub-rule (1) on account of de-
recognition and who are not directly responsible for such
derecognition shall be taken on a waiting list by the Education Officer
in the case of primary and Secondary Schools or by the Deputy
Director in the case of Higher Secondary Schools and Junior college
of Education and same shall be recommended by him to the
managements of newly opened aided Schools or of the existing aided
schools which are allowed to open additional Division or classes for
consideration."
6. There is nothing on record to show that the petitioner was
responsible for de-recognition of School; but it was because of the order issued
by the Education Department. This has resulted in termination of services
under sub-rule (1) of Rule 25A reproduced above. Undisputedly, the
petitioner's name was included in the waiting list which was recommended by
the Education Officer to the Management of aided schools.
7. Rule 6 (1) of the Maharashtra Civil Services (Pension) Rules,
wp.725.06
1982 which is applicable in this case, stipulates as under :
"6(1): Any claim to pension or Family Pension shall be
regulated by the provisions of these rules in force at the time when a
Government servant retires or is retired or is discharged or dies, as the
case may be :
Provided that, if during his service, changes disadvantageous
to him are introduced in the rules, to which he became subject on
entry into the service of Government, his pension shall not be less
than that which would have been admissible but for the introduction
of such changes."
Under Rule 6(1), the entitlement to pension or family pension is
upon (1) retirement, or (2) discharge, or (3) death of an employee.
8. Rule 18 of the Maharashtra Employees of Private Schools
(Conditions of Service) Rules, 1981 stipulates that the Discharge Certificate is
to be issued by the Head of the School in the form in Schedule 'H' to an
employee whose services are terminated, after due notice to him. Once the
petitioner is terminated under sub-rule (1) of Rule 25A, he is to be discharged
under Rule 18 by issuing Discharge Certificate in form 'H'. The petitioner in
this case acquires a status of an employee who is discharged under Rule 18.
Hence, Rule 18 of the MCS (Pension) Rules applies.
wp.725.06
9. On a plain reading of the above-said provisions, it is amply clear
that if the services of the employee comes to an end due to the de-recognition
of the School, the employee is entitled for pension or family pension when he
is retired, discharged or dies. The petitioner was discharged from the services
as he was declared surplus. In view thereof, the petitioner is entitled for
pensionary benefits in the following terms :-
(i) The petitioner is entitled for pension from 24.05.1999 when he stood
discharged from School upon de-recognition in the year 1997.
(ii) The respondents are directed to make payment of pension, gratuity and
other retiral benefits accordingly along with interest at the rate of eight per
cent per annum.
10. Rule is made absolute in the aforesaid terms. However, there
shall be no order as to costs.
JUDGE JUDGE
sahare
