Case Note & Summary
The Petitioner, Sudhakar Nivrutrao Kadam, was an employee of the Deaf and Dumb School operated by the Social Welfare Department. Permission to run the school on an unaided basis was granted on 13.07.1990. The Petitioner was appointed as an Art Teacher on 'no grants' basis on 11.10.1993. On 28.05.1995, the school was extended grants-in-aid. The Petitioner opted for voluntary retirement and was relieved from service on 13.08.2014. The core legal issue was whether the Petitioner's service on a no-grant-in-aid basis from 11.10.1993 to 28.04.1995 could be counted towards the qualifying service of 20 years required for pension. It was undisputed that 20 years of service is the qualifying service for pension. The Petitioner relied on a judgment of this Court in Shekhar P. Deshmukh v. The Deputy Director Education and Ors., but that case did not involve service on a no-grant basis. Other cited cases, Homraj Hansaram Bisen and Ors. v. State of Maharashtra and Ors. and Deshmukh Dilipkumar Bhagwan and Ors. v. State of Maharashtra and Ors., also did not address the specific issue. The Court noted that if the 20 years are calculated from the date of relieving (13.08.2014), the period from 13.08.1994 would be the starting point. The Petitioner joined on 11.10.1993, which is before that date. The Court held that the period of service on a no-grant basis should be counted for pensionary benefits, as the Petitioner continued in the same post after the school received grants-in-aid, and there was no break in service. The Court allowed the writ petition and directed the respondents to count the Petitioner's service from 11.10.1993 for pensionary benefits.
Headnote
A) Service Law - Pensionary Benefits - Qualifying Service - Counting of Service on No-Grant Basis - The issue was whether the period of service rendered by the Petitioner on 'no grant' basis before the school was extended grants-in-aid could be counted towards the qualifying service of 20 years for pension under the Maharashtra Civil Services (Pension) Rules, 1982 - The Court held that the period of service on no-grant basis from 11.10.1993 to 28.04.1995 should be counted for pensionary benefits, as the Petitioner continued in the same post after the school received grants-in-aid, and there was no break in service - The Court relied on the principle that past service in the same institution, even if on no-grant basis, is reckonable for pension if the employee is subsequently absorbed in a pensionable post (Paras 1-6).
Issue of Consideration
Whether the service of the Petitioner on no-grant-in-aid basis from 11.10.1993 to 28.04.1995 can be reckoned with for the purpose of concluding that his service is pensionable.
Final Decision
The writ petition is allowed. The respondents are directed to count the Petitioner's service from 11.10.1993 for pensionary benefits.
Law Points
- Pensionary benefits
- qualifying service
- no-grant basis service
- counting of past service
- Maharashtra Civil Services (Pension) Rules
- 1982
