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2006 Supreme(Bom) 1383

R.M.S.KHANDEPARKAR, NARESH H.PATIL
Iliyas Yusuf Naikwadi – Appellant
Versus
State of Maharashtra – Respondent


R.M.S. KHANDEPARKAR, J.: - The petitioner challenges the communication dated 18.3.2000 by which the petitioner's claim for pensionary benefit has been rejected. The petitioner further seeks directions to the respondents to grant him all the pensionary benefits along with interest thereon.

2. The petitioner was appointed and worked as Urdu Primary Teacher in the school run by the Respondent No.1 from 20 - 9 - 1955 to 17 - 9 - 1965. The petitioner thereafter was promoted as Education Extension Officer (Urdu) and on 4 - 1 - 1978, due to some personal problem, the petitioner resigned from the said post. In all, the petitioner rendered 22 years of continuous service and as it exceeds minimum period of ten years, the petitioner claimed pensionary benefit. The petitioner sought two reliefs in that regard, consequent to the decision delivered by this Court on 18 - 12 - 1998 in the matter of some other persons. The claim, however, was rejected by the respondents on the ground that the petitioner had not retired from the service but the petitioner had resigned from the service and in terms of the law in force at the relevant time, he was not entitled to claim pensionary ben

















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