Bharati H. Dangre, J.

1 The present Writ Petition was filed by the petitioner, initially seeking issuance of writ in the nature of mandamus for quashing and setting aside the suspension order issued by the respondent no.1 on 14th June 2011. However, subsequently the petition came to be substantively amended seeking an appropriate writ/direction to declare that the petitioner has retired from the post of Assistant Teacher with effect from 28thFebruary 2018 and further seeking a direction to confer the pensionary benefits on him and to clear all his retirement dues.

The said writ petition which was filed by the petitioner on 7th February 2012 came to be disposed of by the Division Bench of this Court on 19th June 2013 at the stage of admission. By the said order, the respondent nos.3 and 4 were directed to ensure that the respondent no.1 and 2 pay to the petitioner the subsistence allowance in accordance with the rules, if necessary by deducting the same from the non salary grant issued to the respondent nos.1 and 2.

On disposal of the said writ petition, Notice of Motion No.223 of 2013 was carried out by the respondent nos.1 and 2 in which it was alleged that while disposing of the writ petition on 19th June 2013, the Court noted that respondent nos.1 and 2 were in receipt of the Court notice, and though the affidavit was filed on behalf of the original petitioner that the respondent nos.1 and 2 were served, the respondents were never served with the notice of proceedings. In the peculiar facts placed on record by the affidavit filed in support of the Notice of Motion, the Notice of Motion came to be allowed by this Court by an order dated 14th December 2017. In the result, writ petition no.469/12 was restored to file, by the said order. The petitioner sought amendment to the writ petition in view of the intervening developments in the matter and this Court, by an order dated 27th February 2018, granted liberty to amend the petition and opportunity was also granted to the respondents to file additional affidavit. The writ petition was listed before us and by consent of the parties, we have taken it up for final disposal.

2. The petitioner, claims to have acquired B.Ed degree from Sampurnanand Sanskrit University, Varanasi after obtaining a B.Sc and M.Sc degree from Gorakhpur University. On the basis of the said educational qualifications, he came to be appointed as Assistant Teacher in a recognized school run by respondent no.1 with effect from 13th June 1995. According to the petitioner, he has been issued with a certificate by the Head Master of the respondent no.2 school which he has placed on record as Annexure-A to the petition, thereby certifying that the petitioner is working as Assistant Teacher in Nutan Vidya Mandir High School since 13th June 1995. According to the petitioner, he is a permanent employee of respondent no.2 school and has rendered 16 years of continuous service and was entitled for conferment of senior scale, and salary as per recommendation of 5th Pay and 6th Pay Commission. According to the petitioner, approval was granted to his appointment with effect from 1st May 2000 and the petitioner has placed on record the said approval order passed by the Education Inspector, Brihan Mumbai dated 17th July 2000.

It is the case of the petitioner, as set out in the petition, that he was served an order of suspension on 14th February 2011 by the respondent no.2 in which it was alleged that he had cheated the management. The petitioner has placed on record the order dated 14th June 2011 issued by the Secretary of the respondent no.1 and in the said communication, reference is made to a letter of Education Inspector, West Zone, Brihan Mumbai dated 13th June 2011. As per the contentions raised in the petition, the respondent no.2 even filed an FIR at Kurar Police Station, invoking and applying alleging of