Digitally signed by TRUPTI TRUPTI SADANAND SADANANDBAMNE BAMNE Date:

2025.10.01

11:20:40 +0530 Trupti 407-wp-12435-2022 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12435 OF 2022 Rajendrakumar Gore Age -61 years Residing at -11, Emora, Chinchpada Road, Godavari Nagar, Vadgaon, Pen- 402 107, District – Raigad … Petitioner Versus

1) The State of Maharashtra Though its Principal Secretary Higher & Technical Education Department, Mantralaya Annex, Mumbai – 400 032.

2) The Director of Higher Education Maharashtra State, Central Building, Pune, District – Pune

3) The Joint Director of Higher Education, Konkan Division, Having office at – Govt.

B.Ed, College Campus Panvel, Dist- Raigad 410 206.

4) Pen Education Society’s Bhausaheb Nene Arts, Science and Commerce College, Pen Through the Principal, Having Office at- District – Raigad 402 107.

5) Pen Education Society Through the Secretary, Having office at – District – Raigad 402 107 … Respondents …

Ms.Devyani Kulkarni with Ms.Sanskruti Yagnik for the Petitioner.

Mr.P.P.Kakade, Addl.GP with Mr.Y.D. Patil, AGP for the Respondent -State.

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CORAM : RAVINDRA V. GHUGE &

ASHWIN D. BHOBE, JJ.

DATE : 25^th September, 2025 ORAL JUDGMENT (Per: Ravindra V. Ghuge, J.)

1. This Petition is listed in the Special Pension Category Board.

2. Rule. Rule made returnable forthwith and heard finally with the consent of the parties.

3. The Petitioner has put forth prayer clauses (a) and (b), as under :

“a. That this Honorable Court be pleased to issue a writ of mandamus and/or any other order or direction in the nature of mandamus to direct the Respondent No.1, 2 & 3 to grant and release the retirement benefits to the Petitioner including his pension and gratuity etc. on the basis of his last drawn salary considering his service period from 21.06.1991 to 30.09.2021 as per the provisions of the old pension scheme of 1983, with interest at the rate of 18% per annum from the date of superannuation till the actual payment of the same and by treating the Petitioner as fully qualified from his initial date of appointment and by treating his last drawn wages as the wages on which Pension and other retirement dues will be computed.

b. That this Honorable Court be pleased to issue a writ of mandamus and/or any other order or direction in the nature of mandamus to direct the concerned Respondents to grant the retirement benefits to the Petitioner including pension and gratuity as per the provisions of the old pension scheme of 1983 which was brought into effect vide the GR dated 21.07.1983 and by treating him as fully qualified from the date of his initial appointment and treating his last drawn salary as the salary which will be used for computing his pension.”

4. We have perused the Petition paper book in the light of the submissions of the learned Advocates for the respective sides.

5. Respondent Nos. 4 and 5, College are not the contesting Respondents and they have not taken a stand against the claim of the Petitioner.

6. The dates and sequence of events in this matter, are as under :

(a) On 7^th September 1990, the Petitioner was appointed on Clock Hour Basis in Konkan Unnati College, for the Hindi subject. The appointment was approved by the University vide order dated 18^th March, 1992;

(b) On 21^st June 1991, the Petitioner was appointed on a part time basis at the same college pursuant to the advertisement, dated 3^rd June 1991. His service was approved by the University vide order dated 24^th August, 1992;

(c) On 14^th June 1992, an advertisement was issued for the post of Full Time Lecturer at Respondent No.4 College;

(d) The Petitioner applied in pursuance to the advertisement and was appointed on 14^th July, 1992;

(e) On 22^nd November 1992, the Petitioner was interviewed by the Local Selection Committee as the University Selection Committee was not available. He was then interviewed after the Committee became available and his service was confirmed by Respondent No.4;

(f) The University, by o