vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.415 OF 2008 WRIT PETITION NO.415 OF 2008 WRIT PETITION NO.415 OF 2008 Shri Subhash Manmath Swami ... Petitioner V/s. The State of Maharashtra & Ors. ... Respondents Mr.R.V. Bansode for Petitioner None for Respondent CORAM: J.N. PATEL & J.N. PATEL & J.N. PATEL & SMT.NISHITA SMT.NISHITA SMT.NISHITA MHATRE, JJ. MHATRE, JJ. MHATRE, JJ. DATED: FEBRUARY 1, 2008 FEBRUARY 1, 2008 FEBRUARY 1, 2008 P.C.: P.C.: P.C.: . Heard. 2. The petitioner impugns the order passed by the District Health Officer, Zilla Parishad, Solapur by which it is clearly stated that the petitioner was absorbed on the post of health servant on 11.3.2003 and is not entitled to pensionary benefits as Rule 2(b) of the Maharashtra Civil Services (Pension) Rules 1982 clearly provide that in order to be eligible to claim pension, a person should have completed 10 years of service. 3. The petitioner is impugning the said order on the ground that he was a muster assistant since the year 1993 and the Government Resolution which came to be : 2 : issued on 22.2.1993 to absorb muster assistants in government service pursuant to which the petitioner was absorbed in the service of Zilla Parishad as health servant will entitle the petitioner to compute his tenure and if it is counted from the date of publication of the Government Resolution, then the petitioner was very much in service as muster assistant and he qualifies for pension. 4. It is quite clear that while the petitioner was working as muster assistant, he was not a government servant but was in employment under the employment guarantee scheme and the G.R. dated 22.2.1993 do not confer him any right to claim service benefits for the period he was not absorbed in the government service. Therefore, we do no find any merit in the petition. The same is dismissed. (J.N. PATEL, J.) (SMT.NISHITA MHATRE, J.)