Case Note & Summary
The petitioner, Shri Shripati Alpparao Rokade, served in the Armed Forces from 30th June 1956 to 11th August 1964. Thereafter, he joined as L.D.C. in the N.C.C. from 15th September 1964 to 24th December 1968. Due to disbandment of the N.C.C. unit, his services ended. He was subsequently appointed as a Clerk in the office of the Labour Commissioner from 18th February 1969 to 31st January 1996. The Government of Maharashtra, by order dated 26th August 1996, condoned the break in service between 12th August 1964 to 14th September 1964 and 29th December 1968 to 17th February 1969. The petitioner sought pensionary benefits by treating his entire service as continuous. The respondents denied pension on the ground that the condonation of break did not automatically entitle him to pension. The court considered the effect of condonation of break under the Maharashtra Civil Services (Pension) Rules, 1982. The court held that once the break is condoned, the service is treated as continuous for all purposes, including pension. The court directed the respondents to compute the petitioner's pension by counting his entire service from 30th June 1956 to 31st January 1996 as continuous and to pay the same within three months. The writ petition was allowed.
Headnote
A) Service Law - Pension - Condonation of Break - Rule 26 of Maharashtra Civil Services (Pension) Rules, 1982 - Petitioner, an ex-serviceman, served in Armed Forces from 30.06.1956 to 11.08.1964, then in NCC from 15.09.1964 to 24.12.1968, and later as Clerk in Labour Commissioner's office from 18.02.1969 to 31.01.1996. Government condoned breaks between these services by order dated 26.08.1996. The issue was whether the petitioner is entitled to pension by counting all services as continuous. Held that once the break is condoned, the service is treated as continuous for pension purposes, and the petitioner is entitled to pensionary benefits (Paras 1-4).
Issue of Consideration
Whether the petitioner is entitled to pensionary benefits by counting his prior military service and subsequent civil service with condoned breaks as continuous service.
Final Decision
Writ petition allowed. Respondents directed to compute petitioner's pension by counting his entire service from 30th June 1956 to 31st January 1996 as continuous and to pay the same within three months.
Law Points
- Condonation of break in service
- Continuous service for pension
- Ex-serviceman benefits
- Pensionary benefits
- Rule 26 of Maharashtra Civil Services (Pension) Rules
- 1982
Case Details
2005 LawText (BOM) (04) 1
Writ Petition No.4034 of 1998
F.I. Rebello, S.P. Kukday
Mr. N.V. Bandiwadekar for the Petitioner; Mr. R.M. Patne, AGP for Respondent Nos.1,2 & 4
Shri Shripati Alpparao Rokade
State of Maharashtra through the Section Officer, Education & Employment Dept.; State of Maharashtra through the Section Officer, General Administrative Department; National Cadet Corps through Group Head Quarter, Mumbai (B) through its Administrative Officer; Deputy Director of Education Greater Mumbai
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Writ petition seeking pensionary benefits by treating prior military service and subsequent civil service with condoned breaks as continuous service.
Remedy Sought
Petitioner sought direction to respondents to compute pension by counting his entire service from 30.06.1956 to 31.01.1996 as continuous and to pay pensionary benefits.
Filing Reason
Respondents denied pensionary benefits despite condonation of break in service by Government order dated 26.08.1996.
Previous Decisions
Government order dated 26.08.1996 condoned the break in service between 12.08.1964 to 14.09.1964 and 29.12.1968 to 17.02.1969.
Issues
Whether the petitioner is entitled to pensionary benefits by counting his prior military service and subsequent civil service with condoned breaks as continuous service.
Submissions/Arguments
Petitioner argued that once the break is condoned, the service is treated as continuous for pension purposes.
Respondents argued that condonation of break does not automatically entitle the petitioner to pension.
Ratio Decidendi
Once the break in service is condoned by the Government under the relevant rules, the service is treated as continuous for all purposes, including pension. The petitioner is entitled to pensionary benefits by counting his entire service from the date of initial appointment in Armed Forces to the date of retirement in civil service.
Judgment Excerpts
The petitioner was in the service of the Armed Forces from 30th June, 1956 till he was discharged on 11th August, 1964.
By order dated 26th August, 1996 the Government of Maharashtra was pleased to condone the break in service between 12th August, 1964 to 14th September, 1964 and 29th December, 1968 to 17th February, 1969.
Once the break is condoned, the service is treated as continuous for all purposes, including pension.
Procedural History
Petitioner filed Writ Petition No.4034 of 1998 before the High Court of Judicature at Bombay seeking pensionary benefits. The petition was heard and disposed of on 19th April 2005.
Acts & Sections
- Maharashtra Civil Services (Pension) Rules, 1982: Rule 26
