JUDGEMENT (PER ASHWIN D. BHOBE, J.)

1. Rule. Rule made returnable forthwith and heard finally by consent of the parties.

2. Grievance of the Petitioner is that the Respondent Nos. 1 and 2 have refused to compute the qualifying service of the Petitioner w.e.f. 01.09.1989, for the purpose of retiral benefits of service including pension and gratuity. Order dated 03.01.2019 passed by the Under Secretary, Government of Maharashtra, rejecting the request of the Petitioner to consider his service prior to 03.03.1998 is assailed in this petition.

3. Factual Matrix:-

(a) On 12.07.1986, Petitioner, a candidate from open category was appointed as Assistant Teacher in Bhavan’s Somani College, Mumbai on temporary basis against a reserved vacancy.

(b) Services of the Petitioner as Assistant Teacher (Biology) were terminated by the Respondent Nos.1 and 2 w.e.f. 20.06.1987.

(c) Petitioner questioned the order of termination dated 20.06.1987, before the School Tribunal, Mumbai.

(d) By order dated 20.10.1987, the School Tribunal refused to interfere with the order of termination, however, directed the Respondent Nos.1 and 2 to pay the Petitioner compensation in terms of one month’s salary.

(e) Petitioner q