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2021 Supreme(Bom) 1228

R.D.DHANUKA, R.I.CHAGLA
Kalpana Jagatrao Dahiwale – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
N.V. Bandiwadekar, Advocate, Vinayak Kumbhar, Advocate, Ashwin N Bandiwadekar, Advocate, Neha N Bandiwadekar, Advocate, P.J. Gavhane, Advocate

JUDGMENT

R.D. Dhanuka, J. - Rule.

2. Learned AGP waives service on behalf of Respondent Nos. 1 to 4. Learned Counsel for the Respondent Nos. 5 and 6 waives service.

3. By our order dated 20th July 2021, it was made clear that the Court would make an endevour to dispose of the Writ Petition finally at the admission stage subject to time constraint. Though Respondent Nos. 5 and 6 are served, none appears on behalf of them.

4. By this Petition fled under Article 226 of the Constitution of India, the Petitioner has prayed for an order and declaration that the Petitioner is entitled to superannuation pension since she has completed the qualifying service of 10 years to get the said pension, taking into consideration one half of service of the part time service rendered by the Petitioner along with the entire service rendered by the Petitioner on full time basis, in the post of Librarian in the Respondent No. 6-School.

5. The Petitioner was appointed on 26th December 1995 as part time Librarian in the Respondent No. 6-School run by the Management at the sanction and aided post. Education Officer granted approval for part time Librarian from the year 1996. The Education Officer thereafter, gra

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