Wp 5859/05 1 IN THE HICH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5849/2005 Sopan Vithoba Sargar Petitioner Vs. State of Maharashtra & Ors. Respondents Mr.V.S.Deokar for petitioner Mr.P.P.Kakade,AGP for Res.1 Mr.R.D.Rane for Res.2 & 3 CORAM- A.M.KHANWILKAR AND MRS.MRIDULA BHATKAR,JJ. DATE - 31st MARCH,2011 P.C. . The petitioner was appointed as Assistant Teacher in Sangli Zillha Parishad school on 2/2/1984. He attained the age of superannuation on completion of 20 years of service on 29/2/2004 . While in service the petitioner was given scale of trained graduate teacher . In other words, when the petitioner attained the age of superannuation he retired as a trained graduate teacher . Nonetheless, the Chief Education Officer , Z.P.Sangli, vide order dated 8/5/2005, has denied the pension benefit to the petitioner on the ground that he was not qualified. The basis on which the said conclusion has Wp 5859/05 2 been reached by the Chief Education Officer is untenable keeping in mind the decision of the Apex Court in the case of State of Maharashtra and Ors. Vs.Tukaram Tryambak Chaudhari and Ors. (2007) 9 Supreme Court Cases 201 .Counsel appearing for the respondents in all fairness agreed that the exposition in the said decision squarely applies to the present petition. 2 Accordingly, the impugned decision dated 8/5/2005 will have to be quashed and set aside and instead the Chief Education Officer is directed to reconsider the claim of the petitioner for pensionary benefits on its own merits in accordance with law and not nonsuit on the ground that he does not possess the qualification as recorded in his order dated 8/5/2005 . 3 We further direct the Chief Education Officer of Zillha Parishad, Sangli to consider the claim of the petitioner for pensionary benefit expeditiously and give the pensionary benefits to the petitioner as expeditiously as possible in any case not later than 12 weeks from today. Wp 5859/05 3 4 Rule is made absolute on above terms . 5 All the concerned authorities shall ensure that the pensionary benefits with difference, if any, shall be extended to the petitioner expeditiously as aforesaid . (MRS.MRIDULA BHATKAR,J.) (A.M.KHANWILKAR ,J.)