WP 1031/11 - 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.1031/2011 Smt.Malti Raghunath Bhole, age 49 yrs., occu.service, r/o Z.P. Girls School, Paldhi. Tq.Dharangaon Dist.Jalgaon. ...Petitioner.. Versus 1] The State of Maharashtra, through its Principal Secretary, School Education Department, Mantralaya, Mumbai-32. 2] The Chief Executive Officer, Zilla Parishad, Jalgaon. Dist.Jalgaon. 3] The Education Officer (Primary), Zilla Parishad, Jalgaon. Dist.Jalgaon. ...Respondents... ..... Shri Vinod P. Patil, Advocate for petitioner. Shri N.B. Khandare, Government Pleader for respondent no.1. Shri N.B. Suryawanshi, Advocate for respondent nos.2 & 3. ..... WP 1031/11 - 2 - CORAM: MOHIT S. SHAH, CJ & B.R. GAVAI, J. DATE: 30.08.2011 PER COURT : 1] Heard learned counsel for the parties. 2] In this petition under Article 226 of the Constitution of India, the petitioner challenges the communication dated 20.4.2010 issued by the Education Officer (Primary), Zilla Parishad, Jalgaon, rejecting the petitioner’s application for permission to get voluntary retirement. 3] There is no dispute about the fact that the petitioner has completed 20 years of qualifying service including the service rendered by the petitioner in a non- granted school namely Priyadarshani Madhyamik Vidyalaya, Jalu Tq.Erandol Dist.Jalgaon with effect from 14.6.1989 till 26.11.1992. In fact, specific order has been passed giving the petitioner continuity of service including the above period. In view of above, it is contended that the petitioner would be eligible for permission to get voluntary retirement in view of the provisions of the Government resolution dated 22.6.2009. 4] The contention of the Zilla Parishad that the petitioner cannot be said to have completed 20 years qualifying service as part of that service was rendered in WP 1031/11 - 3 - a non-granted institution, cannot be accepted. 5] In the first place, the Government resolution dated 22.6.2009 itself does not provide that such qualifying service should have been rendered only in a grant-in- aid institutions. The provisions of the Maharashtra Employees of Private Schools (Conditions of Service) Regulations Act, 1977, also do not make any distinction between the employees of private schools, whether receiving any grant-in-aid from the State Government or not. 6] In view of above, we are of the view that the petition deserves to be allowed. The impugned communication dated 20.4.2010 issued by the Education Officer (Primary), Zilla Parishad, Jalgaon, is quashed and set aside and the respondents are directed to consider the petitioner’s application for voluntary retirement on the basis that the petitioner has completed 20 years qualifying service including the continuous service with effect from 14.6.1989 till 26.11.1992 rendered in a non- granted institution. The petition is disposed of accordingly. (B.R. GAVAI, J.) CHIEF JUSTICE ndk/c308115