Shahila Khatun Jalil Ur Rahaman ... vs State Of Mah. Mumbai & 2 Others
2017 Latest Caselaw 5097 Bom

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                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          NAGPUR BENCH, NAGPUR.

                               WRIT PETITION NO. 817/2002 

*        Shahila Khatun w/o Jalil Ur Rahman Khan
         Aged 39 years, /o Near Parsopant 
         Dist. Yavatmal.                                                                ..PETITIONER

                        VERSUS

1)       State of Maharashtra
         Through  Secretary 
         Department of Rural  Development 
         Mantralaya, Mumbai -400032

2)       Zilla Parishad, 
         Yavatmal
         through its Chief Executive officer. 

3)       Education Officer (Primary)
         Zilla Parishad, Yavatmal.                                     ..RESPONDENTS
                                                                                    . 

...................................................................................................................
                                       None for the  petitioner
       Mr.V.P. Maldhure,  Asst. Government Pleader for respondent no.1
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                                                 CORAM :  R.K. DESHPANDE &
                                                                  MRS.SWAPNA JOSHI, JJ.

                                                 DATED :    27       th
                                                                        July, 2017
                                                                                  

ORAL JUDGMENT:  (Per R.K.DESHPANDE, J.)

The matter was called out on 13.7.2017, 14.7.2017,

19.07.2017 and 20.07.2017. None appeared either for the petitioner or

for the respondent-Zilla Parishad. We have heard Shri V.P. Maldhure, the

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learned AGP for respondent no.1.

2. The petition has been filed by widow of one Jalil Ur Rahman

Khan, who was employed as an Assistant Teacher (Primary) in Zilla

Parishad, Yavatmal, initially on 13.09.1972. Thereafter he was

retrenched on 30.4.1974 and re-appointed on 20.11.1974. He was

again retrenched on 30.4.1975 and reappointed on 14.07.1975. He

rendered the service upto 21.08.1998 when he expired. This petition

claims the direction to the respondents to make family pension

applicable to the petitioner by treating her husband, the employee of

Zilla Parishad as a deemed trained teacher as per the policy of the State

Government contained in the Government Resolution dated 1st July,

1972.

3. We have gone through the petition and the documents

annexed to it and the reply by the State Government as well as Zilla

Parishad. As per the Government Resolution dated 1.07.1972 all

untrained teachers appointed prior to 1.7.1972 were to be treated as

deemed trained teachers for the purposes of pension. It is not in dispute

that the petitioner was not entitled to be treated as a deemed trained

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teacher in terms of the Government Resolution dated 1.7.1972 as the

petitioner's initial appointment was on 13.9.1972. The appointment of

the petitioner as an untrained teacher was not prior to 1st July 1972

which is the cut off date prescribed for applicability of the pension

scheme to untrained primary school teachers.

4. It is not in dispute that the petitioner has rendered a total

27 years of service as an Assistant Teacher (Primary) in the Zilla Parishad

School and has been denied the pensionary benefits only on the ground

that he did not acquire the training qualification essential for

appointment to the said post from 1st July 1972, till the date when the

petitioner expired on 21.08.1998. It seems that the matter was under

consideration of the State Government for making the pension scheme

applicable to all such persons who were employed as untrained teachers

after 1st July 1972 but did not acquire the training qualification prior to

July 1986 and were continued beyond the said date in service. The case

of the petitioner squarely falls in this category. By communication dated

26th May 2003, issued by the Rural Development and Water Conservation

Department, the information in respect of such employees was called

for granting them benefit of training as deemed trained teacher so

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that the possibility of making the pension scheme available to them can

be explored. The communication clearly states that the Zilla Parishad,

Yavatmal has not forwarded such information to the Department of the

State Government. We do not find any response on this aspect by Zilla

Parishad.

5. In view of the above, we dispose of the present writ petition

with following directions :-

i) The Respondent no.2-Zilla Parishad, Yavatmal is directed

to submit the proposal in response to the communication dated

26th May, 2003 issued by the Rural Development and Water

Conservation Department within a period of three months form

the date of receipt of this judgment.

ii) The Department of the State Government shall consider the

proposal so forwarded within a period of two months thereafter

and pass an appropriate order which shall be communicated to

the petitioner.

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iii) Rule is made absolute in the these terms. No order as to

costs.

                        JUDGE                          JUDGE

sahare