IMPORTANT POINT
Pension – Appellant having worked on a pensionable post for 25 long years, is entitled to get pension on the basis of special equity in hid favour.

ORDER :

1. We have heard the learned counsel appearing for the parties and perused the relevant material placed on record.

2. The appellant before this Court was appointed as a full time teacher in a private though Grant-in-Aid college namely, Bharat Mahila Junior College, Mahal, Nagpur. This appointment was made way-back in the year 1989. One of the essential qualifications for the post of Full time teacher (Bakery and Confectionery) was graduation with “first class”. The appellant had all the necessary qualifications including graduation but her graduation was in "second class". It seems that she was nevertheless appointed by the Management Committee as she was the best amongst the available candidates and approval was also granted by the Board, subject to the condition that her appointment will be only for one year and she will be getting the grade of an unqualified teacher. Whereas the grade of a qualified teacher was Full-time teacher (1) 2000 – 3200 (Adequately qualified) and the grade for unqualified teacher for which the appellant was appointed was 1640 – 2900 (Inadequately qualified). This specific condition was also stated in the letter of approval dated 06.09.1989 of the Dy. Director, Vocational Education & Training, Regional Office, Nagpur. All the same, her appointment continued thereafter from year to year basis and the Board in turn continued to grant approval for the same till her termination on 29.03.1995.

3. The termination order was challenged by the appellant before the School Tribunal where her petition was dismissed on the ground that she lacked the essential qualification as she was not graduate with first class. Till the decision was taken by the Tribunal, her termination order was stayed and it continued till her petition was ultimately dismissed by the Tribunal. She then filed a Writ Petition before the High Court of Bombay at Nagpur Bench which also granted the stay to the appellant but ultimately dismissed the petition on 07.10.2010, on the same ground as it was dismissed by the Tribunal. The appellant then filed Letters Patent Appeal before the Division Bench which was ultimately dismissed on the same ground that the appellant was not having graduation with first class. Even the Division Bench had granted a protection to the appellant in the meanwhile and even after dismissal of the appeal, the Division Bench had suspended its order dated 18th March, 2011 in order to enable the appellant to approach this Court. The appellant had then filed a Special Leave Petition before this Court where again on 25th April, 2011 stay was granted and later on leave was granted in the matter. In other words, the appellant has continued to teach in the institute from the year 1989.

4. It is also an admitted fact that during the pendency of this appeal, the appellant was finally superannuated from service on 30th November, 2014. The only question before this Court now is whether the appellant is liable to get pension. Admittedly the appellant has worked on a pensionable post. The law which presently governs the service of the appellant is regulated by an Act known as the Maharashtra Service Employees of Private Schools (Conditions of Service) Regulation Act, 1977. Under Section 16, the powers have been given to the State Government to frame Rules for the condition laying down the conditions of service of teachers and under which Rules were framed which are known as the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981. Under these Rules, the admitted position is that Rule 8 read with Schedule B, the qualification of full time teacher in Food Technology Group is as follows:

Food Technology Group