1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD Writ Petition No.3076 Of 2007 Kalyan S/o Ramchandra Magar .. Petitioner. Versus The State of Maharashtra And Others. .. Respondents. -------- Mr. V.P. Golewar, Advocate for petitioner. Mr. V.H. Dighe, Assistant Government Pleader, for respondent Nos.1 to 4. Mr. K.J. Ghute-Patil, Advocate for respondent No.5. -------- CORAM: NARESH H PATIL & N.D. DESHPANDE, JJ. DATE: 30th APRIL 2010 PER COURT: 1) Heard. 2) The petitioner claims pension and pensionary benefits with effect from 31-7-2006 onwards. The petitioner submits 2 that he joined service with respondent No.5 – Zilla Parishad Osmanabad as temporary Mistry Grade-II with effect from 3-10-1971. He worked on Work Charged Establishment. The petitioner was then appointed as Mustering Assistant in the year 1985. The Government by Resolution dated 25-6-2004 ordered to absorb the Mustering Assistants on supernumerary post with effect from 25-6-2004. And accordingly the petitioner was posted as Peon with effect from 18-8-2004. The petitioner retired as Peon from service on attaining age of superannuation on 31-7-2006. 3) The issue in respect of whether the Mustering Assistants, who were absorbed, were entitled for pension and pensionary benefits was considered in the proceedings of Writ Petition No.619 of 2006 and Writ 3 Petition 1029 of 2006. The Division Bench of this Court (Coram: Naresh H Patil and R.M. Borde, JJ.) by a reasoned order dated 16th July 2007 adopted a view that the such persons like the petitioner herein would not be entitled to claim continuation of the period already served as Mustering Assistant prior to absorption for the purpose of pension. Rule 33 of the Maharashtra Civil Services (Pension) Rules 1982 would not be applicable to the persons like the petitioner. 4) In the light of the same, there is no merit in the petition. The writ petition is accordingly dismissed. (N.D. DESHPANDE, J.) (NARESH H PATIL, J.) rsl/ wp.3076.07