Case Note & Summary
The petitioner, Vithal Tukaram Londhe, joined the Vasantrao Naik Marathwada Krushi Vidyapeeth, Parbhani, as a temporary labourer on 24.04.1997. He worked continuously until his regularization on 08.12.2015. The Industrial Court had earlier passed an award granting him permanency from 2002. The petitioner sought pensionary benefits by counting half of his temporary service (22.5 years) along with his regular service, and challenged the regularization order that treated him as permanent only from 2015. The respondents opposed, arguing that temporary service cannot be counted for pension. The court analyzed Rule 161 of the Maharashtra Civil Services (Pension) Rules, 1982, which allows counting of half the temporary service for pension if followed by regularization. The court held that the petitioner's temporary service from 24.04.1997 to 07.12.2015 should be counted as half for pension, and his permanency should be deemed from 2002 as per the Industrial Court award. The impugned order dated 08.12.2015 was modified accordingly, and the respondents were directed to prepare pension proposals and pay arrears with interest at 6% per annum from the date of retirement.
Headnote
A) Service Law - Pension - Temporary Service - Half Service Counted - Maharashtra Civil Services (Pension) Rules, 1982, Rule 161 - The petitioner, a temporary employee from 24.04.1997, was regularized in 2015. The court held that half of the temporary service rendered before regularization should be counted for pensionary benefits, as per Rule 161 of the Maharashtra Civil Services (Pension) Rules, 1982. The Industrial Court's award granting permanency from 2002 was upheld, and the regularization order was modified to reflect permanency from 2002. (Paras 3-8)
Issue of Consideration
Whether the petitioner is entitled to pensionary benefits by counting half of his temporary service (22.5 years) along with his regular service, and whether the regularization order dated 08.12.2015 should be modified to treat him as permanent from 2002 instead of 2015.
Final Decision
The petition is allowed. The impugned order dated 08.12.2015 is modified to treat the petitioner as permanent from 2002. The respondents are directed to count half of the temporary service from 24.04.1997 to 07.12.2015 for pensionary benefits, prepare pension proposal, and pay arrears with interest at 6% per annum from the date of retirement.
Law Points
- Pensionary benefits
- temporary service
- half service counted
- Maharashtra Civil Services (Pension) Rules
- 1982
- Rule 161
- regularization
- Industrial Court award
- deemed permanency
Case Details
2022 LawText (BOM) (11) 33
WRIT PETITION NO. 1546 OF 2017
RAVINDRA V. GHUGE, SANJAY A. DESHMUKH
Mr. A.V. Indrale for petitioner, Mr. S.G. Karlekar for respondent No.1, Mr. G.G. Kadam for respondent Nos. 2 and 3
The State of Maharashtra, The Vasantrao Naik Marathwada Krushi Vidyapeeth, Parbhani, The Security Officer
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Nature of Litigation
Writ petition seeking pensionary benefits and modification of regularization order.
Remedy Sought
Direction to prepare pension proposal counting half of temporary service, and quashing/modification of regularization order dated 08.12.2015 to treat petitioner as permanent from 2002.
Filing Reason
Petitioner's temporary service was not counted for pension, and regularization was from 2015 instead of 2002 as per Industrial Court award.
Previous Decisions
Industrial Court award granting permanency from 2002; regularization order dated 08.12.2015 treating permanency from 2015.
Issues
Whether half of the temporary service rendered by the petitioner should be counted for pensionary benefits under Rule 161 of the Maharashtra Civil Services (Pension) Rules, 1982.
Whether the regularization order dated 08.12.2015 should be modified to treat the petitioner as permanent from 2002 instead of 2015.
Submissions/Arguments
Petitioner argued that his temporary service from 24.04.1997 to 07.12.2015 should be counted as half for pension, and he should be deemed permanent from 2002 as per Industrial Court award.
Respondents argued that temporary service cannot be counted for pension and that regularization was correctly done from 2015.
Ratio Decidendi
Under Rule 161 of the Maharashtra Civil Services (Pension) Rules, 1982, half of the temporary service rendered before regularization is to be counted for pensionary benefits, provided the temporary service is followed by regularization. The Industrial Court award granting permanency from 2002 is binding, and the regularization order must reflect that date.
Judgment Excerpts
The petitioner joined the respondent Agricultural University on 24.4.1997, as a labourer.
The impugned order dated 08th December, 2015 issued by the respondent No.2 thereby regularizing the service of petitioner from the year, 2015 in-stead of 2002 be quashed and set aside/modified.
Rule 161 of the Maharashtra Civil Services (Pension) Rules, 1982 provides that half of the temporary service shall be counted for pension.
Procedural History
The petitioner filed Writ Petition No. 1546 of 2017 before the Bombay High Court, Aurangabad Bench, challenging the regularization order dated 08.12.2015 and seeking pensionary benefits. The court heard the matter and delivered judgment on 22.11.2022.
Acts & Sections
- Maharashtra Civil Services (Pension) Rules, 1982: Rule 161
