IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.11027 OF 2024 Dr. Chetna Rajput NKDAA IKIRLI A TAD ASE DsNKDD21+ i 0 A i Aa g 0 IgK 2:tIn 5 R 3 i eL 5 It 3 e A: Ta A . d 00: D lA 5 S 3 by E 3. y 29 Age : 60 years, Occupation : Retired A-6/3, Kumar Padmalaya, New D.P. Road, Near Medi Point Hospital, Aundh, Pune – 411068 … Petitioners Versus

1. Modern Education Society, Through Secretary, 19, Late Principal V. K. Joag Path, Wadia College Campus, Pune - 411001

2. Nowrosjee Wadia College Through Principal, 19, Late Principal V. K. Joag Path, Wadia College Campus, Pune – 411001

3. The Education Officer (Higher Secondary)

Pune Zilla Parishad Somwar Peth, Pune- 411011

4. Dy. Director of Education Pune Division Pune- 411001

5. The Accountant General State of Maharashtra

6. State of Maharashtra Through Principal Secretary, Ministry of School Education … Respondents.

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Mr. Vaibhav Kulkarni a/w Mr. Prathamesh Deshpande a/w Ms.

Disha Rathod a/w Mr. Yash Agarwal for the Petitioner.

Mr. S. R. Ronghe for the Respondent Nos. 1 and 2.

Mr. S. P. Kamble, AGP for the State.

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CORAM : RAVINDRA V. GHUGE AND ASHWIN D. BHOBE, JJ.

RESERVED ON : 6th MARCH, 2025 PRONOUNCED ON : 28th MARCH, 2025 JUDGMENT (PER ASHWIN D. BHOBE, J.)

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

2. By the present petition filed under Article 226 of the Constitution of India, Petitioner, a teacher having retired after rendering 25 years service with the Respondent Nos.1 and 2 Institution, is before this Court making a grievance of the inaction/delay on the part of the Respondents in releasing the gratuity amount and the pensionary benefits payable to her.

3. Factual Matrix:-

a) Petitioner holds qualification of master’s degree in Hindi language and B.Ed. degree.

b) On 14.07.1998, Respondent Nos.2 published advertisement in the daily “Loksatta” inviting applications from eligible candidates for the post of part-time teacher for the subject Hindi, a post which was 100% aided and sanctioned post.

c) Petitioner was appointed as a part-time teacher vide appointment order dated 20.07.1998, for a term up to 15.04.1999. Said appointment was approved by the Regional Deputy Director of Education, Pune.

d) Subsequently w.e.f. 25.07.2000 till the year 2018, in view of the limited tenure of the approval, the Management issued fresh appointment orders to Petitioner as a part-time teacher on year to year basis i.e. from 1999-2000 to 2018- 2019. Said appointments were approved by the Regional Deputy Director of Education.

e) Since, the year 2000, Petitioner worked as a part-time teacher at Nowrosjee Wadia College and as part-time (Shikshan Sevak) at Ness Wadia College of Commerce with the workload of 18 hours of per week.

f) Upon superannuation of Dr. Lata Rokade, working as a full-time Assistant Teacher on a sanctioned post, fell vacant w.e.f. 17.06.2019.

g) By order dated 10.06.2019, Petitioner was appointed as a full-time Assistant Teacher on the post earlier occupied by of Dr. Lata Rokade.

h) By order dated 07.09.2023, Regional Deputy Director of Education Pune accorded approval to the appointment of the Petitioner as a Assistant Teacher w.e.f. 17.06.2019.

i) On 27.09.2023, Petitioner called upon the Respondent No.2 to compute and release the gratuity amount on the date of her retirement i.e. 30.09.2023.

j) Petitioner retired from service on 30.09.2023 upon attaining the age of superannuation.

k) On 12.04.2024, Petitioner by her representation called upon the Respondent No.2 to release her gratuity amount and process the pension paper.

l) Respondent No.2 neither replied nor complied with the requisition made by the Petitioner.

m) Aggrieved, the Petitioner is before this Court, seeking the following substantial reliefs:-

“[A] That this Honorable Court be pleased to issue a Writ of Mandamus or Writ in the nature of Mandamus or any other appropriate writ direction or order under Article 226 of the Constitution of India, 1950 directin