1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2479 OF 2009 ... Smt.Gokula Vilas Patil ...Petitioner v/s. The Education Officer(Primary) Sangli & ors. ...Respondents ... Mr.G.M.Savagave for the Petitioner. Ms.S.S.Bhende, AGP for State. ... CORAM: D.K.DESHMUKH, & K.K.TATED, JJ DATED:26 th November, 2009 P.C.: 1. Admittedly, the Petitioner was untrained teacher. He was appointed after 1 st July, 1972 and therefore being untrained teacher, the Petitioner will always be a temporary teacher would not be entitled to pension. By Government Resolution dated 4 th October, 1983 an exception has been made as a special case only in relation to those untrained primary teachers who were appointed before 1 st July, 1972. Such teachers are to be 2 treated as deemed trained teachers and they are entitled to pension. If any of such teachers who are untrained and were appointed before 1 st July, 1972, are presently working as Head-masters, then their continuance will depend on the sanction of the Government, otherwise such untrained teachers were not even to be appointed as Head Masters. If the Petitioner was appointed after 1 st July, 1972 and was untrained teacher till the date of retirement, obviously the Petitioner will not be entitled to pension. Therefore, no fault can be found with the communication dated 3-11-2008, which is challenged in the petition. Petition is, therefore, rejected. (D.K.DESHMUKH, J.) (K.K.TATED, J.)