Smt. Kusum Panditrao Bhosale vs The State Of Maharashtra Through ...
2022 Latest Caselaw 849 Bom

                      skn                                     1               15-WP-3829.2019.doc


                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   CIVIL APPELLATE JURISDICTION

                                     WRIT PETITION NO. 3829 OF 2019

                      Smt.Kusum Panditrao Bhosale.                ...      Petitioner.
                           V/s.
                      The State of Maharashtra and others.        ...      Respondents.




                      Mr.Y.B.Lengare for the Petitioner.
                      Mrs.P.J.Gavhane, AGP for the State.
                      Mr.Ashish Pawar for Respondent Nos.4 and 5.


SANJAY
                                    CORAM :           NITIN JAMDAR AND
KASHINATH                                             AMIT BORKAR, JJ.

NANOSKAR Digitally signed by SANJAY KASHINATH NANOSKAR DATE : 21 January 2022.

(Through Video Conferencing) Date: 2022.01.21 16:50:17 +0530

P.C. :

We note the order passed earlier. Even as on today, the learned AGP, for want of instructions, is not able to make a statement as was directed in the order dated 30 November 2021 referring to the order dated 9 August 2021. Such a position cannot continue. For the benefit of the Respondents, we reproduce the relevant directions contained in the order dated 9 August 2021 which were directed to be complied with, which read as under:

"3. Insofar as prayer clause (c) of the Petition directing Respondent Nos.2 and 3 to consider 50% services (8 years services) of Part Time Teacher during the period from skn 2 15-WP-3829.2019.doc

04.10.1991 to 21.10.2007 for the purpose of service benefit including pension is concerned, this issue is no longer res-

integra and is concluded by the judgment of this Court dated 09.07.2018 in case of Smt. Darshana wd/o Adikrao Gaikwad vs. State of Maharashtra and others and several judgments delivered subsequently on this issue. We accordingly direct the Respondent Nos.2 and 3 to compute the pension of the Petitioner after computing the 50% service rendered by the Petitioner as Part Time Teacher during the period from 04.10.1991 to 21.10.2007 and the services rendered after 22.10.2007 till the date of superannuation as pensionable service and to pay the pension accordingly. The Petitioner would be entitled to the benefits of pension under the Old Pension Scheme i.e. under Maharashtra Civil Services (Pension) Rules, 1982 and Maharashtra Civil Services (Commutation) Rules, 1984, within three months from today."

The learned AGP will send the copy of this order to the Education Officer, Sangli and the concerned authorities in the State of Maharashtra so that they will comply with the order within a period of three weeks, failing which the Education Officer (Secondary), Sangli will remain present in the Court on the next date. Stand over to 11 February 2022.

      (AMIT BORKAR, J.)                     (NITIN JAMDAR, J.)