Case Note & Summary
The petitioners, retired government employees who had initially served as Seasonal Godown Keepers, filed a writ petition challenging the order of the Maharashtra Administrative Tribunal which denied counting their seasonal service for pension. They sought a declaration that their entire service from the date of joining as Seasonal Godown Keeper should be considered for computing pension entitlement and quantum. The petitioners relied on a Division Bench decision of the Bombay High Court in Writ Petition No.3690/2005 (Shri Anant S. Tambde & Ors. v. The Collector & Ors.), which held that under Rule 30 of the Maharashtra Civil Services (Pension) Rules, 1982, qualifying service includes temporary service from the date of first appointment. The respondents had challenged that decision before the Supreme Court, but the SLP was dismissed. The court, following the precedent, allowed the petition and directed the respondents to compute pension considering the entire service from the date of joining as Seasonal Godown Keeper.
Headnote
A) Service Law - Pension - Qualifying Service - Rule 30 of Maharashtra Civil Services (Pension) Rules, 1982 - The issue was whether temporary service as Seasonal Godown Keeper should be counted for pension - The court held that under Rule 30, if a government employee holds a substantive post at retirement, qualifying service is computed from the date of first appointment, whether substantive, officiating, or temporary - The entire period from joining as Seasonal Godown Keeper must be counted for pension entitlement and quantum (Paras 4-5).
Issue of Consideration
Whether the service rendered by the petitioners as Seasonal Godown Keeper should be taken into consideration for computing entitlement and quantum of pension under Rule 30 of the Maharashtra Civil Services (Pension) Rules, 1982.
Final Decision
The court allowed the writ petition, set aside the Tribunal's order, and directed the respondents to compute pension considering the entire service from the date of joining as Seasonal Godown Keeper within six months. Rule made absolute with no order as to costs.
Law Points
- Qualifying service for pension includes temporary service from date of first appointment
- Rule 30 of Maharashtra Civil Services (Pension) Rules
- 1982
- Seasonal Godown Keeper service counts for pension
Case Details
2011 LawText (BOM) (07) 156
Writ Petition No.7458 of 2010
A.M.Khanwilkar, R.Y.Ganoo
Mrs.Preeti Walimbe for Petitioners, Mrs.S.S.Bhende, A.G.P. for Respondents
Devidas Bhiku Borker, Anant Shriniwas Sinkar, Pramod Madhav Talathi
The State of Maharashtra, The Collector, Dist.Ratnagiri
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Nature of Litigation
Writ Petition under Article 226 challenging the order of Maharashtra Administrative Tribunal denying counting of seasonal service for pension.
Remedy Sought
Declaration that service as Seasonal Godown Keeper should be considered for computing pension entitlement and quantum, and direction to respondents to count entire service from joining.
Filing Reason
The petitioners' service as Seasonal Godown Keeper was not counted for pension by the respondents, and the Tribunal rejected their claim.
Previous Decisions
The Maharashtra Administrative Tribunal dismissed Original Application No.1297/2009 on 3rd May, 2010. The petitioners relied on a Division Bench decision in Writ Petition No.3690/2005 (Shri Anant S.Tambde & Ors. v. The Collector & Ors.) which was upheld by the Supreme Court.
Issues
Whether the service rendered as Seasonal Godown Keeper is to be counted for computing pension under Rule 30 of the Maharashtra Civil Services (Pension) Rules, 1982.
Submissions/Arguments
Petitioners argued that under Rule 30, qualifying service includes temporary service from the date of first appointment, and relied on the decision in Shri Anant S.Tambde & Ors. v. The Collector & Ors.
Respondents opposed the claim, but the court found that the petitioners' temporary appointment as seasonal godown keepers was recognized by the Tribunal and respondents.
Ratio Decidendi
Under Rule 30 of the Maharashtra Civil Services (Pension) Rules, 1982, if a government employee holds a substantive post at retirement, qualifying service is computed from the date of first appointment, whether substantive, officiating, or temporary. Therefore, temporary service as Seasonal Godown Keeper must be counted for pension.
Judgment Excerpts
A bare perusal of this rule would indicate that if a government employee is holding a substantive post at the time of his retirement, his qualifying service shall be computed from the date of his first appointment either substantively or in an officiating capacity or temporary capacity.
We accordingly allow this petition and direct the respondents to make payment to petitioners in accordance with their qualifying service within a period of 6 months from today.
Procedural History
The petitioners filed Original Application No.1297/2009 before the Maharashtra Administrative Tribunal, which was dismissed on 3rd May, 2010. They then filed the present Writ Petition under Article 226 before the Bombay High Court, which was heard and disposed of on 19th July, 2011.
Acts & Sections
- Constitution of India: Article 226
- Maharashtra Civil Services (Pension) Rules, 1982: Rule 30
