(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. WRIT PETITION NO. 2709 OF 1999 Digambar s/o. Ambarushi Deshmukh, Age : 60 years, Occupation : Pensioner, R/o. Kallam, Taluka : Kallam, District : Osmanabad. .. Petitioner. versus 1. The State of Maharashtra. 2. The Chief Executive Officer, Zilla Parishad, Osmanabad. 3. The Education Officer (Secondary), Zilla Parishad, Osmanabad. 4. The Dy. Director of Education, Aurangabad. .. Respondents. ....................... Mr. S.S. Manale, Advocate, holding for Mr. D.T. Devane, Advocate, for the petitioner. Mr. K.G. Patil, Assistant Government Pleader, for respondent nos.1, 3 and 4. Mr. K.J. Ghute Patil, Advocate, for respondent no.2. ........................ (2) CORAM : B.R. GAVAI & S.V. GANGAPURWALA, JJ. DATE : 11TH AUGUST 2010 ORAL JUDGMENT (Per S.V. Gangapurwala, J.) : 1. The petitioner claims that for the purpose of computing the pensionary benefits, his earlier services rendered in a private school be calculated. 2. The petitioner had earlier rendered service in a private recognized school from 19-11-1963 to 30-9-1967. Thereafter, he was selected by the Regional Selection Board and was appointed as Head Master of the school run by the respondent no.2. The petitioner, on attaining the age of superannuation, retired on 31st May 1996. 3. Mr. S.S. Manale, learned Counsel appearing for the petitioner, contends that the services, which the petitioner rendered with the private school, for a period of 3 years and 10 months, also is required to be taken into consideration for computing the pensionary benefits. 4. As per rules, a person, who completes 5 years of service in an earlier establishment, is entitled for computing the (3) said service for the pensionary benefits. In the present case, the petitioner had served only for a period of 3 years and 10 months. In the light of the same, the petitioner is not entitled for the benefit of earlier services rendered by him. 5. In the result, the petition is dismissed. Rule is discharged. However, there shall be no order as to costs. ( S.V. GANGAPURWALA ) ( B.R. GAVAI ) JUDGE JUDGE ......................... bgp/wp2709