Case Note & Summary
The petitioner, Shri Charandas Marotrao Ramteke, was an Assistant Teacher in a school run by respondent no.2 Sanstha from 1969 until the school was de-recognised in 1997 and closed on 24.05.1999. He rendered 28 years of service. After closure, he was declared surplus and his name was included in a waiting list for absorption in another school vide letter dated 05.05.2000. The petitioner filed a writ petition seeking directions to fix his pension as per rules showing the date of retirement as 24.05.2002 or 24.05.1999, and to pay pension, gratuity, and other retiral benefits including State contribution in GPF with interest at 12% per annum. The learned AGP did not dispute the factual position of the petitioner's service or the closure. The Court, after hearing both sides, held that the petitioner is entitled to pension and other retiral benefits. It directed the respondents to fix the petitioner's pension showing the date of retirement as 24.05.2002 or 24.05.1999, and to make payment of pension, gratuity, and all other retiral benefits including State contribution in GPF along with interest at the rate of 12% per annum.
Headnote
A) Service Law - Pension - Surplus Employee - Closure of School - Petitioner, an Assistant Teacher, rendered 28 years of service in an aided school run by respondent no.2 Sanstha. The school was de-recognised in 1997 and closed on 24.05.1999. Petitioner was declared surplus and his name was included in the waiting list for absorption. He claimed pension and retiral benefits from the date of closure or from his superannuation date. The Court held that the petitioner is entitled to pension and other retiral benefits as per rules, and directed the respondents to fix his pension showing the date of retirement as 24.05.2002 or 24.05.1999, and to make payment of pension, gratuity, and other retiral benefits including State contribution in GPF with interest at 12% per annum. (Paras 2-4)
Issue of Consideration
Whether a teacher rendered surplus due to closure of a de-recognised aided school is entitled to pension and other retiral benefits from the date of closure or from the date of superannuation.
Final Decision
The Court directed the respondents to fix the pension of the petitioner as per rules showing the date of retirement as 24.05.2002 or 24.05.1999, and to make payment of pension, gratuity, and all other retiral benefits including contribution by State in GPF along with interest at the rate of 12% per annum.
Law Points
- Pension entitlement
- surplus employee
- closure of school
- de-recognition
- absorption
- retiral benefits
- Maharashtra Employees of Private Schools (Conditions of Service) Rules
- 1981
- Rule 25A
