Smt. Urmila Ashok Kamble @ Smt. ... vs The State Of Maharashtra Through ...
2021 Latest Caselaw 15435 Bom

MUGDHA
                                                           Judgement-WPST 57-20.odt
M
PARANJAPE
Digitally signed by
MUGDHA M              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
PARANJAPE
Date: 2021.10.27
17:24:16 +0530
                             CIVIL APPELLATE JURISDICTION

                           WRIT PETITION (ST.) NO. 57 OF 2020

      Smt. Urmila Ashok Kamble @
      Smt. Mandabai Gundaji Khamkar
      Age : 52 years, Occ. Service,
      R/o. Well Wisher Town,
      Opp. Samuel Mall, Building No.1,
      Flat No.408, 4th Floor, Khopoli,
      Tal. Khalapur, Dist. Raigad.                         ... Petitioner

                 Vs.
      1. The State of Maharashtra
      Through the Secretary,
      School Education Department,
      Mantralaya, Mumbai - 400 032.

      2. The Deputy Director of Education,
      Mumbai Region, Mumbai.

      3. The Education Offcer (Secondary),
      Raigad Zilla Parishad, Raigad Alibag.

      4. The Superintendent,
      Pay and Provident Fund Unit (Secondary),
      Raigad.

      5. The Chairman/Secretary,
      Khalapur Taluka Shikshan Prasarak Mandal,
      Khopoli, Tal. Khalapur, Dist. Raigad.

      6. The Head Master,
      Janata School & Junior College, Khopoli.
      Tal. Khalapur, Dist. Raigad.

      7. The Head Master,
      Sahyadri Vidyalay Shilphata,
      Tal. Khalapur, Dist. Raigad.                         ... Respondents

      Mugdha                                                       1 of 25
                                                     Judgement-WPST 57-20.odt



                               -------
Mr.Y.B. Lengare with Mr. Wilson Robi, advocates for Petitioner.
Mr.N.K. Rajpurohit, AGP for Respondents-State.
                               -------

                 CORAM              : R.D. DHANUKA AND
                                      ABHAY AHUJA, JJ.

RESERVED ON : 20TH OCTOBER, 2021 PRONOUNCED ON : 27TH OCTOBER, 2021

JUDGEMENT : (PER ABHAY AHUJA, J.)

1. Learned counsel for Petitioner, on instructions, seeks

leave to delete Respondents No.5 to 7. Learned counsel for the

remaining Respondents has no objection. Leave is granted.

Amendment to be carried out forthwith. Reverifcation is dispensed

with.

2. Rule. With the consent of the counsel for the parties, rule

made returnable forthwith and heard fnally.

3. In this Petition, Petitioner is seeking directions to the

Education Offcer (Secondary) to consider her services and grant

approval to the post of the Full Time Librarian from the year 1994-

Mugdha 2 of 25 Judgement-WPST 57-20.odt

95 to 1st April, 2006 as per Government Resolution dated 28th June,

1994 and to make pay fiation, pension and time bound promotion

by considering the service from academic year 1994-95.

4. Brief facts are that Petitioner herein completed Bachelor

of Arts in 2010 and Bachelor of Library Science in 2011. Petitioner

is from Scheduled Caste category. Petitioner was appointed by order

dated 10th September, 1993 and joined on 11 th September, 1993 as

Part Time Librarian, which was approved by the Respondent No.3-

Education Offcer on 12th December, 1994 in accordance with the

proposal of the Management as Part Time Librarian. The

Management, viz., Khalapur Taluka Shikshan Prasarak Mandal,

upgraded the post of Petitioner into Full Time Post of Librarian,

which is stated to have received approval by order dated 14 th

December, 2006 of the Respondent-Education Offcer with effect

from 1st April, 2006. The Sahyadri Vidhyalaya, it is submitted, is a

fully aided school.

5. It is submitted that Petitioner worked in Sahyadri

Vidhyalaya, Shilphata from September, 1993 to June, 2007 and

there was suffcient strength of students of more than 1000; that

Mugdha 3 of 25 Judgement-WPST 57-20.odt

from the initial appointment of Petitioner, the strength of the school

was more than 1000 as per Eihibit 'E' to the Petition, which facts

have not been disputed in the affdavit in reply of the Respondents

nor by the learned AGP. It is also not disputed that as per the staff

approval (Eihibit 'F' to the Petition), the post of Part Time

Librarian was sanctioned from the academic year 1993-94 upto the

year 2005-06.

6. It is Petitioner's case that though the strength of

students was suffcient and the post of Petitioner was required to be

upgraded as Full Time Librarian, from academic year 1994-95, the

Respondent No.3 Education Offcer has granted approval to the post

of Petitioner only from 1st April, 2006. It is submitted that the

approval ought to have been granted from academic year 1994-95

as the students' strength was more than 1000 as per Government

Resolution dated 28th June, 1994. Learned Counsel submits that,

therefore, Petitioner is entitled to the post of Full Time Librarian

from the year 1994-95 as in accordance with Government

Resolution dated 28th June, 1994, the post of Part Time Librarian

can be upgraded as Full Time Librarian if the school satisfes the

criteria of a total students' strength of a minimum 1000 or above.

Mugdha 4 of 25 Judgement-WPST 57-20.odt

7. It is submitted that the service conditions of the

teaching and non-teaching employees working in private schools

like Sahyadri Vidhyalaya are governed by the provisions of the

Maharashtra Employees of Private Schools (Conditions of Service)

Regulation Act, 1977 (the "MEPS Act, 1977") and Maharashtra

Employees of Private Schools (Conditions of Service) Regulation

Rules, 1981 (the "MEPS Rules, 1981"). Rule 19 of the said Rules

provides that an employee working in an aided secondary school

and retiring on or after 1 st April, 1966 shall be eligible for pension at

the rates and in accordance with the Rules as are sanctioned by the

Government specifcally to the employees of the private schools.

Petitioner states that accordingly the provisions of the Maharashtra

Civil Services (Pension) Rules, 1982 (MCPS Rules, 1982) have been

made applicable to the employees working in the private and aided

secondary schools in the State of Maharashtra.

8. Since Petitioner came to be appointed as Librarian in the

fully aided secondary school, Petitioner became entitled to be

eitended the benefts of the MCPS Rules, 1982 and Maharashtra

Civil Services (Commutation of Pension) Rules, 1984 and the

eiisting General Provident Fund Scheme and not the Defned

Mugdha 5 of 25 Judgement-WPST 57-20.odt

Contributory Pension Scheme ("DCPS") issued by the Government

Resolution dated 31st October, 2005.

9. The DCPS for new recruits in the State Government was

introduced vide Government Resolution dated 31st October, 2005 for

servants recruited on or after 1st November, 2005 in State

Government services. Paragraph 3 of the said Government

Resolution defnes the salient features of the New Pension Scheme

which came into force with effect from 1st November, 2005 is

mandatory for all the Government servants who recruited on or

after 1st November, 2005 in the State Government services. Further,

Paragraph 4, as mentioned above, provides that the new Defned

Contributory Pension Scheme is applicable to the Government

servants who are recruited on or after 1 st November, 2005 by the

State Government. The Government has, further directed the said

decision shall, mutatis mutandis, apply to the employees, who are

recruited on or after 1st November, 2005, in the services of

recognised and aided Educational Institutions, Non Agricultural

Universities and affliated Non Government Colleges and

Agricultural Universities etc. to whom the eiisting Pension Scheme

and GPF Scheme is applicable. It is also laid down that the above

Mugdha 6 of 25 Judgement-WPST 57-20.odt

decision shall apply also to the employees, who are recruited on or

after 1st November, 2005 in the services of Zilla Parishads.

10. As a corollary, for government servants, recruited prior

to that date, the provisions of the eiisting/old Pension Scheme, i.e.,

MCPS Rules, 1982 and the Maharashtra Civil Services

(Commutation of Pension) Rules, 1984 and the eiisting General

Provident Fund Scheme (GPF) would be applicable.

11. It is submitted that therefore since Petitioner has been

appointed prior to the Government Resolution of 31 st October, 2005,

the Old Pension Scheme would become applicable.

12. It is further submitted that as per the Government

Resolution dated 8th June, 1995, the "Time Bound Promotion

Scheme" was introduced by the Government of Maharashtra,

through the General Administration Department and the same was

made applicable to the Zilla Parishad employees also. Thereafter,

again by Government Resolution dated 30th April, 1998, the same

was made applicable to the non-teaching staff working in the

private schools.

Mugdha 7 of 25 Judgement-WPST 57-20.odt

13. By Government Resolution dated 1st April, 2010 the

"Career Assurance Scheme" was made applicable. The said Scheme

was also made applicable to the 'isolated' posts by Government

Resolution dated 5th July, 2010. The Librarian post, it is submitted,

is an isolated post and the beneft of the said Scheme is required to

be given to the concerned employee two times in his entire

career/tenure.

14. Petitioner submits that she is entitled for the "Time

Bound Promotion" and "Career Assurance Scheme" as per

Government Resolution dated 8th June, 1995 and Government

Resolution dated 30th April, 1998, since, Petitioner has rendered

unblemished service with effect from 11th September, 1993. She has

completed twelve years service during the period from 11 th

September, 1993 to 11th September, 2005. Respondent No.1 has

made applicable the 7th Pay Commission to the non-teaching staff

and by Government Resolution dated 2nd March, 2019. Respondent

No.1 has also adopted the new policy for the Time Bound Promotion/

Career Assurance Scheme after completing 10 years, 20 years and

30 years with retrospective effect. Therefore, Petitioner is entitled

Mugdha 8 of 25 Judgement-WPST 57-20.odt

for the beneft after completing 10 years, 20 years and 30 years as

per the said policy.

15. It is also submitted that Petitioner was paid the salary

from the "State Contingency Fund" and therefore, the services

rendered by Petitioner on the post of Librarian is required to be

considered for the pensionary and promotion beneft. The initial

entry in service is to be considered for all benefts is a rational

taking into consideration the provisions of Rule 29, Rule 30, Rule

33, Rule 34, Rule 38, Rule 44, Rule 57, more particularly Note No.1

and 2, Rule 67 of the MCPS Rules, 1982. The previous services are

required to be considered for the pension and pensionary beneft

and accordingly, the pension and pensionary beneft be eitended to

Petitioner.

16. Learned counsel for Petitioner submits that similarly

placed persons approached the Bench at Aurangabad by way of Writ

Petition No.4037 of 2012 with Civil Application No.10802 of 2013 in

Writ Petition No.4037 of 2012 and this Court relying upon the

judgment of the Division Bench of this Court in case of Kiran

Keshavrao Girhe and Ors. Vs. State of Maharashtra through its

Mugdha 9 of 25 Judgement-WPST 57-20.odt

Secretary, Department of School Education & Ors. in Writ Petition

No.6630 of 2013 with companion Writ Petitions at Nagpur Bench

held that the issue is covered and that the Petitioners therein are

entitled to grant of up-gradation to the post of Full Time Librarian

from the academic year 1997-98. Petitioners therein, it is

submitted, gave up claim of arrears of salary and the other

consequential benefts which would be available to Petitioner

notionally upto 2006. It is submitted that similar view is taken by

the Hon'ble High Court of Bombay Bench at Nagpur in Writ Petition

No.1272 of 2015 and that the said view of the Hon'ble High Court is

followed by this Hon'ble Court in Writ Petition No.7126 of 2017 as

well as in Writ Petitions No.9792 of 2016 and 13818 of 2017.

17. It is further submitted that this Court has consistently

held that the Petitioner shall be entitled to half of the part time

service rendered by Petitioner as teaching or non-teaching staff in

the educational institution together with full time service rendered

in such educational institution. The initial date of appointment of

Petitioner i.e. appointment as the part time employee in the

educational institution shall be taken into account for the purpose of

calculation of pension and pensionery benefts. In so doing this

Mugdha 10 of 25 Judgement-WPST 57-20.odt

Court has held that in the event that the Petitioners' appointment

as employee on part time basis is prior to 1st November, 2005, they

will be entitled to the old pension scheme. The Full Bench decision of

this Court in Deshmukh Dilipkumar Bhagwan & Ors. Vs. State of

Maharashtra, through Chief Secretary, General Administration

Department & Ors. (Writ Petition No.8387 of 2013 decided on

26.08.2019), has held that the employment in 100% aided

educational institution, whether part time or full time, prior to 1 st

November, 2005, shall be taken into account and the old pension

scheme would be made applicable. He has submitted that Petitioner

has been appointed on part time basis prior to 1 st November, 2005

in fully aided educational institution. It is, therefore, submitted that

the decisions of this Court referred to above, cover the issue arising

in the present Petition.

18. In sum and substance, it is submitted that the Part Time

Librarian is to be upgraded from the date of the increased strength

of the students of more than 1000 and consider the said services

and eitend the benefts of Old Pension scheme, GPF, promotion, pay

fiation, etc.

Mugdha 11 of 25 Judgement-WPST 57-20.odt

19. So far as promotional benefts of 12 years/24 years as

per Government Resolution dated 30th April, 1998, 1st April, 2010,

5th July, 2010 and (Revised after 10, 20, 30 years) as per

Government Resolution dated 2nd March, 2019, it is submitted that

Petitioner's services as Part Time Librarian and Full Time Librarian

be considered and be eitended the benefts thereof.

20. In view of the aforesaid facts and circumstances, it is

therefore prayed that the Petition fled by the Petitioner be allowed.

21. On the other hand, learned AGP opposes the Petition and

relies upon the affdavit in reply dated 1 st March, 2021. Learned

AGP does not dispute the basic facts but submits that as the

appointment of Petitioner was on post of Part Time Librarian,

Petitioner worked for Part Time from her initial joining, i.e., 11 th

September, 1993 to 31st March, 2006 and as such the Petition is

covered by the Government Resolution dated 3 rd August, 2006. It is

submitted that the revised pay fiation in the case of Petitioner as a

Full Time Librarian has been approved by Petitioner with effect

from 1st April, 2006 by letter dated 14th December, 2006 (Eihibit 'D'

to the Petition) is in accordance with Paragraph 6 of the said

Mugdha 12 of 25 Judgement-WPST 57-20.odt

Government Resolution dated 3rd August, 2006 that no Full Time

Librarian posts are created in schools that have more than 1000

students.

22. It is further submitted by learned AGP that as Petitioner

is holding the post of Full Time Librarian from 1 st April, 2006, i.e.,

after 1st November, 2005, the Government Resolution of Finance

Department dated 31st October, 2005 is applicable to Petitioner with

respect to pensionary benefts, i.e., the DCP Scheme would be

applicable and not the old Pension Scheme as claimed by Petitioner.

23. It is submitted by learned AGP that therefore from the

initial date of joining of Petitioner, viz., 11 th September, 1993,

Petitioner remains Part Time Librarian upto 31st March, 2006 and

has worked on that post which is sanctioned as per staff approval,

no benefts of Full Time Librarian are admissible to Petitioner before

1st April, 2006. It is submitted that as Petitioner has worked as Part

Time Librarian upto 31st March, 2006 and upgraded to the post of

Full time Librarian only from 1st April, 2006, no benefts or pension,

time-bound promotion are eligible from academic year 1994-95. It is

submitted that therefore Petition be dismissed.

Mugdha 13 of 25 Judgement-WPST 57-20.odt

24. We have heard Mr.Y.B. Lengare, learned counsel for

Petitioner and Mr.N.K. Rajpurohit, AGP for Respondents-State and

with their able assistance, we have perused the papers and

proceedings in the matter.

25. Petitioner has also fled rejoinder rebutting the

submissions by learned AGP and reiterating the averments in the

Petition, which we have perused.

26. The primary issue that arises for our consideration is

the date of applicability of Government Resolution dated 3 rd August,

2006 to the case of Petitioner whether it is to be from 1 st April, 2006

as per Clause 1 of the Government Resolution or the date of initial

appointment of Petitioner as Part Time Librarian when the school

undisputedly had already satisfed the criteria of increased

students' strength of a minimum of 1000 students or more.

27. In our view, this issue is no longer res integra in view of

a catena of decisions of this Court. The earliest one can be traced to

the case of Vatsala Nana Desai Vs. The Head Master, Shri M.G. Shah

Mugdha 14 of 25 Judgement-WPST 57-20.odt

Vidyamandir and Junior College, Kolhapur & Ors. dated 9th

February, 2012 and 24th February, 2012 in Writ Petition No.2281 of

2013 referred to and relied upon in Writ Petitions No.6630 of 2013,

6631 of 2013 and 6481 of 2013 passed by the Nagpur Bench of this

Court on 28th January, 2015, where after considering the

Government Resolution dated 28th June, 1994, the said post of Part

Time Librarian was upgraded to Full Time Librarian from the initial

date of appointment as Part Time Librarian with all benefts

accruing to the said employees by treating them as entitled to as

Full Time Librarian from the initial date of appointment.

28. This Court in Writ Petition No.7126 of 2017 and other

connected Petitions, while considering similar Petitions, has

summarised the two Government Resolutions as under :-

"11. Vide the Government Resolution dated 28 June, 1994, the Government of Maharashtra th

effected changes in the eiisting policy of the Government for applying benchmark in the matter of the creation of post towards the workload by constituting a committee headed by the former Director of Education Mr.V.V.

Chiplunkar (commonly known as 'Chiplunkar Committee'). Based on the recommendations, the Government provided for creation of one Part Time post of Librarian against the strength of

Mugdha 15 of 25 Judgement-WPST 57-20.odt

1000 to 1500 students. The said policy was reconsidered by the State Government at the request made by the Association of Part Time Librarians, which resulted in the formation of a new policy as refected in the Government Resolution dated 3rd August, 2006.

12. Accordingly, the State Government granted permission of conversion of eiisting 924 posts of Part Time Librarian to Full Time Librarian, based on the following conditions :-

(a) The strength of the students for the last three years before 1st April, 2006 should be 1000;

(b) The appointment of Part Time Librarian should be in accordance with the Recruitment Rules;

(c) The Part Time Librarian should complete fve years of his tenure; and

(d) For calculating the strength of students, only the grant in aid sections will be taken into consideration.

(e) The appointment of such Part Time Librarian should be approved by the Education Offcer.

13. Such schools who were satisfying the aforesaid conditions and who were 924 in numbers were permitted to convert their eiisting posts of Part Time to Full Time Librarian, however, such conversion was made subject to the following conditions :-

(a) That the appointment to the post of Full Time Librarian will be a fresh appointment and not by promotion.

(b) Initially the appointment will be on probation for a period of two years.

Mugdha 16 of 25 Judgement-WPST 57-20.odt

(c) Tenure of services as a Part Time Librarian will not be considered for granting pay scale.

(d) The appointment will be on the lowest pay grade in the category of librarian.

(e) Pay to the post of Full Time Librarian will be entitled from 1st April, 2006.

(f) Creation of post will be subject to the further policy of the Government."

29. In Writ Petition No.1272 of 2015, the Nagpur Bench of

this Court while considering similar issues, allowed the Petition. The

said decision concluded that, (i) the State Government Resolution

dated 28th June, 1994 prescribes the strength of 1000 to 1500

students for sanction of the post of Full Time Librarian, which

means that the Part Time Librarian can be upgraded as Full Time

Librarian if the total strength of students is minimum 1000 or more

and (ii) once the post is upgraded because of availability of more

than 1000 students right from 1994, Petitioner is to be given Full

Time status from the date when the strength of school is atleast

1000 or more or on the date of their initial appointment as a Part

Time Librarian, whichever is later.

Mugdha 17 of 25 Judgement-WPST 57-20.odt

30. In view of the above discussion, we are of the considered

view that the issue arising in this Petition has squarely been

covered by the decisions relied upon by the learned Counsel for the

Petitioner referred to above.

31. Further, the Full bench of this Court in Deshmukh

Dilipkumar Bhagwan (supra) has in answering the issue which also

arises herein held that for employees of educational institutions

who are appointed prior to 1st November, 2005 in fully aided posts,

the old pension scheme shall be made applicable to such employees

of the said educational institutions.

32. What also emerges from the above referred decisions is

that only notional increments would be released in favour of

Petitioner from the initial date and on account of such notional

release, no arrears shall be payable. The notional eiercise shall be

valid only for the purposes of pay fiation, time bound promotion

and pensionary benefts as per Rules.

Mugdha 18 of 25 Judgement-WPST 57-20.odt

33. The aforesaid discussion brings us to the following

conclusions.

34. To avail of the benefts, the institution should have been

a 100% aided educational institution on or before the date of the

initial appointment of Petitioners.

35. By Government Resolution dated 28th June, 1994, if the

strength of students is more than 1000, the Part Time Librarian can

be up-graded as a Full Time. In the case at hand, it is not in dispute

that Petitioner has been initially appointed as Part Time Librarian

from 11th September, 1993 in a fully aided school where the

students strength has been more than 1000 from academic year

1994-95. Therefore, Petitioner is entitled to be up-graded as a Full

Time Librarian from the academic year 1994-95 to 2006-07 and

that the initial date of appointment of Petitioner, i.e., appointment

as a Part Time employee in the educational institution shall be

taken into account for the purpose of calculation of pension and

pensionary benefts.

Mugdha 19 of 25 Judgement-WPST 57-20.odt

36. It would also not be out of place here to mention that in

view of the decision of this Court in the case of Jyoti Prakash

Chougule Vs. State of Maharasthra & Ors. in Writ Petition No.2354

of 2012, Petitioner shall be entitled to half of the Part Time Service

rendered by Petitioner in the educational institution together with

Full Time Service rendered in such educational institution for the

purposes of qualifying service as well as pensionary benefts.

37. Petitioner has been recruited as Librarian much prior to

1st November, 2005 and, therefore, the provisions of the Defned

Contributory Pension Scheme as framed under the aforesaid

Government Resolution dated 31st October, 2005 shall not be

applicable. That apart, the School in which Petitioner was working

at the relevant time, was a fully aided school. Hence, the provisions

of Defned Contributory Pension Scheme framed under the aforesaid

Government Resolution dated 31st October, 2005 cannot be made

applicable to Petitioner. The appointment of Petitioner was as per

the Old Pension Scheme and, therefore, she is entitled for Old

Pension Scheme.

Mugdha 20 of 25 Judgement-WPST 57-20.odt

38. From the Government Resolution dated 1 st January,

2019, tendered across the bar by learned Counsel for Petitioner, we

note that the Career Assurance Scheme of the Government of India

has also been made applicable to State Government employees.

Petitioner's request for the "Career Assurance Scheme" as per the

aforesaid Government Resolutions deserves consideration.

39. With respect to the time-bound promotion/Career

Assurance Scheme, this Court by order dated 4th October, 2018 in

Writ Petition No.334 of 2018 in the case of Shri Suresh Bhanudas

Shinde and Anr. Vs. State of Maharashtra and connected Writ

Petitions has held that in view of a number of decisions passed by

this Court in similar matters that the second beneft after 24 years

of service be granted to all non-teaching staff, who are similarly

situated as Petitioners, viz., who have been given the frst beneft,

i.e., the beneft after putting in 12 years of service. However, with

respect to the time-bound promotional scheme to non-teaching staff

on completion of 24 years of regular service, we note that by order

dated 10th February, 2021 in Review Petition (St) No.3452 of 2019

in Writ Petition No.5629 of 2018 and connected Petitions, this Court

after prima facie accepting the submissions made by the learned

Mugdha 21 of 25 Judgement-WPST 57-20.odt

Advocate General that the said judgments were in respect of one

time beneft of Time Bound Promotion Scheme after completion of

12 years in service not having application with respect to the

employees, who were claiming second beneft on completion of 24

years, stayed the orders in Review. Learned counsel for Petitioner

therefore, on instructions, submits that with respect to the prayers

pertaining to the time-bound promotional scheme in this Petition,

he is limiting the Petitioner's claim in this Petition only to the frst

beneft after completion of 12 years of service.

40. Having regard to the above discussion and applying the

principles settled by this Court, we are inclined to issue the

following directions to be acted upon in line with the above

discussion :-

(i) The concerned Respondents are directed to grant

notional pay fiation, time-bound promotion/

Career Assurance Scheme and other retirement

and pensionary benefts to the Petitioner upon

considering her full time appointment on the post

of Librarian from the date of her initial

appointment, having regard to the fact that the

Mugdha 22 of 25 Judgement-WPST 57-20.odt

strength of the students on such date was 1000 or

more.

(ii) The date on which the strength of the students has

crossed 1000 shall be considered for grant of

notional pay fiation, for grant of time-bound

promotion/Career Assurance Scheme and other

retirement and pensionary benefts which in any

case cannot before the Government Resolution

dated 28th June, 1994.

(iii) Respondent No.3 is directed to consider

Petitioners' services and grant approval to

Petitioners to the post of Full Time Librarians with

effect from the date of the Government Resolution

dated 28th June, 1994 and make pay fiation,

pension, and time bound promotion by considering

the said Government Resolution and the date as

28th June, 1994.

(iv) The concerned Respondent is also directed to allot

the provident fund account to Petitioner in the

post of "Librarian" and deduct the contribution of

Petitioner as per the old pension scheme.

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                                                              Judgement-WPST 57-20.odt



     (v)    The Headmaster, Sahyadri Vidhyalaya, Shilphata

is directed to submit the pension papers of

Petitioner within a period of four weeks from the

date of communication of this order and

Respondent No.3 is directed to consider the

proposal in accordance with the MCPS Rules,

1982, the Maharashtra Civil Services

(Commutation of Pension) Rules, 1984 and the

eiisting General Provident Fund Scheme (GPF)

and not in accordance with the Defned

Contributory Pension Scheme (DCPS) and

Respondent No.3 is directed to release/credit the

arrears of salary/retiral/pensionary benefts in

favour of Petitioner within four weeks thereafter.

(vi) The Head Master of Sahyadri Vidhyalaya,

Shilphata is directed to send Petitioner's proposal

to Respondent No.3 for eitending the benefts of

the "Time Bound/Career Assurance Scheme" for

frst beneft on completion of 12 years within two

weeks of the communication of this order and

Respondent No.3 to consider the same within a

Mugdha 24 of 25 Judgement-WPST 57-20.odt

further period of two weeks.

(vii) Rule is made absolute in the above terms. Petition

is accordingly allowed. There shall be no order as

to costs.

(viii) Parties to act on an authenticated copy of this

order.

(ABHAY AHUJA, J.)                           (R. D. DHANUKA, J.)




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