The duty of a teacher to impart education and moral values to students, and the seriousness of the petitioner's offences, justified the withdrawal of his pension under Rule 27 of the M.C.S. (Pension) Rules, 1982.

JUDGMENT

R. D. Dhanuka, J. - Rule. Rule is made returnable forthwith.

2. Mr. Yawalkar, learned A.G.P. for respondent nos.1 to 5 waives notice. Mr. Gunale, learned counsel for respondent no.6 waives notice.

3. By this petition filed under Article 226 of the Constitution of India, the petitioner seeks Writ of Certiorari for quashing and setting aside the communication dated 19.06.2020 issued by the Under Secretary to the Government of Maharashtra in School Education & Sports Department, Mantralaya, Fort, Mumbai confirming, maintaining & upholding order dated 21.09.2018 by which monthly pension of the petitioner was withdrawn under the provisions of Maharashtra Civil Services (Pension) Rules, 1982 (hereinafter referred to as 'M.C.S. (Pension) Rules, 1982').

4. The petitioner also seeks Writ of Mandamus for an order and direction against respondent nos.1 to 5 to pay monthly regular pension to the petitioner for the services rendered by him as Assistant Teacher at Shantiniketan High School, Mulki Omberga, Tq. Ahmedpur, Dist. Latur.

5. The petitioner was appointed as Assistant Teacher at respondent no.6-School sometime in the year 1968. On 11.10.1993, when the petitioner was in service, the petitioner and 65 others were tried in Sessions Case No.09/1993 in the Court of the Additional Sessions Judge at Latur. The petitioner was tried for commission of offence punishable under Sections 147, 148, 149, 302, 307, 324, 326, 452 and 34 of the Indian Penal Code and was acquitted.

6. Being aggrieved by the said judgment and order of the Sessions Court, the State of Maharashtra filed Criminal Appeal bearing No.80/1993 before this Court. Before the date of filing the said Appeal by the State Government, in the month of February 1999, the petitioner took voluntary retirement from the service. It is the case of the petitioner that, in view of the communication dated 13.03.2000 made by the Education Officer (Secondary), Zilla Parishad, the Deputy Director of Education, Aurangabad submitted a proposal on 10.05.2000 to the office of the Accountant General No.2, Maharashtra State, Nagpur for grant of pension to the petitioner. The said proposal was considered by the Accountant General No.2 and accordingly started releasing monthly pension since then in favour of the petitioner and paid till September 2018.

7. According to the petitioner, there was dispute in respect of the allotment of plot in Anand Nagar Co-operative Housing Society Ltd. Ahmedpur formed by teachers of which the petitioner was member. The respondent no.6-school thereafter made a complaint to respondent no.4 Education Officer (Secondary), Zilla Parishad on 20.11.2016 contending that, since the petitioner was convicted for life imprisonment, could not be granted monthly regular pension.

8. In the meanwhile, on 25.02.1999, the Criminal Appeal No.80/1993 filed by the State of Maharashtra was partly allowed by this Court holding the petitioner guilty for offence punishable under Sections 302, 307, 452 r/w Section 149 of the Indian Penal Code and was sentenced to suffer life imprisonment. During the period 1999 to 2013 the petitioner has undergone life imprisonment and was released from jail in the year 2013.

9. Being aggrieved by the judgment and order of this Court allowing the Appeal filed by the State of Maharashtra and setting aside the order of acquittal passed by the Sessions Court, the petitioner herein filed Special Leave Petitions before the Hon'ble Supreme Court of India which were converted into Appeals (Criminal) Nos. 324 of 2000, 156, 158 and 159-161 of 2002.

10. By judgment delivered by the Hon'ble Supreme Court of India on 21.08.2002, those Appeals filed by the petitioner herein before the Hon'ble Supreme Court of India came to be dismissed.

11. In view of the information by way of complaint from the respondent no.6-school to respondent no.4 about the order of conviction of the petitioner for life imprisonment, on 27.06.2017 respondent no.4 forwarded proposal to the Director of Educa