Case Note & Summary
The petitioner, Dnyaneshwar s/o Laxmanrao Kedare, was initially appointed as Gramsevak on a contractual basis by the District Selection Committee on 30.10.2005 under the establishment of Respondent No.3, the Chief Executive Officer, Zilla Parishad, Jalna, on a consolidated salary of Rs.2,500/- plus traveling allowance. The appointment was for eleven months but was extended from time to time. Subsequently, on 27.09.2007, the petitioner was selected and appointed as Senior Assistant (Clerk) in Class-III cadre under Respondent No.2, the Chief Executive Officer, Zilla Parishad, Aurangabad, pursuant to an advertisement by the District Selection Committee. The petitioner tendered his resignation from the post of contractual Gramsevak on 28.09.2007 and joined the new post without any gap in service. The petitioner sought counting of his earlier contractual service as qualifying service for pension and other retiral benefits. The court, after hearing both sides, held that since the petitioner continued in service without any break and the contractual appointment was followed by regular appointment, the period of contractual service should be counted as qualifying service for pensionary benefits. The court directed the respondents to treat the entire period from the initial appointment as qualifying service and to revise the pension and other retiral benefits accordingly.
Headnote
A) Service Law - Pensionary Benefits - Qualifying Service - Contractual Service - The petitioner was initially appointed as Gramsevak on contractual basis from 30.10.2005 and later selected and appointed as Senior Assistant (Clerk) on regular basis from 27.09.2007 without any break in service. The court held that the period of contractual service as Gramsevak should be counted as qualifying service for pension and other retiral benefits, as the petitioner continued in service without any gap and the contractual appointment was followed by regular appointment. (Paras 1-3) B) Service Law - Continuity of Service - Resignation and Reappointment - The petitioner resigned from the contractual post of Gramsevak on 28.09.2007 and joined the regular post of Senior Assistant on the same day without any break. The court considered this as continuous service and directed the respondents to treat the entire period from initial appointment as qualifying service for pensionary benefits. (Paras 2-3)
Issue of Consideration
Whether the period of service rendered by the petitioner as a Gramsevak on contractual basis prior to his regular appointment as Senior Assistant can be counted as qualifying service for the purpose of pension and other retiral benefits.
Final Decision
The court allowed the writ petition and directed the respondents to treat the entire period from the initial appointment of the petitioner as Gramsevak on contractual basis as qualifying service for pension and other retiral benefits, and to revise the pension and other benefits accordingly.
Law Points
- Pensionary benefits
- qualifying service
- contractual service
- regularization
- continuity of service
- Maharashtra Zilla Parishad Service Rules
