Case Note & Summary
The petitioner, Malhari Ragho Mahale, was appointed as a teacher in the Nashik Zilla Parishad with effect from 11.4.1949. His date of birth was recorded as 15.9.1929. He served continuously from 11.4.1949 to 1.7.1970. Thereafter, he remained absent unauthorizedly until his date of superannuation, i.e., 30.9.1987. On 19.1.1992, he applied for pension, which was rejected. The petitioner challenged this rejection by way of a writ petition. The court noted that the petitioner did not apply for leave and no leave was granted. No disciplinary proceedings were initiated against him for unauthorized absence, and no order of removal was passed. The court held that the writ petition was wholly devoid of merit. The court observed that the petitioner remained absent continuously after 30.6.1970 and did not even claim that he applied for leave. The court found that the rejection of the pension application was correct. The court dismissed the writ petition, holding that the petitioner was not entitled to pension under Rule 47 of the Maharashtra Civil Services (Pension) Rules, 1982, as his unauthorized absence did not constitute service.
Headnote
A) Service Law - Pension - Unauthorized Absence - Rule 47 of Maharashtra Civil Services (Pension) Rules, 1982 - Petitioner remained absent unauthorizedly from 1.7.1970 until superannuation on 30.9.1987 without applying for leave or being removed - Held that such absence does not constitute service and disentitles the petitioner to pension, as pension is earned only by actual service or deemed service under the rules (Paras 2-4).
Issue of Consideration
Whether a teacher who remained absent unauthorizedly for over 17 years without any leave or removal order is entitled to pension under Rule 47 of the Maharashtra Civil Services (Pension) Rules, 1982.
Final Decision
The writ petition is dismissed. The petitioner is not entitled to pension.
Law Points
- Pension entitlement requires actual service or deemed service
- unauthorized absence without leave or removal order does not constitute service
- Rule 47 of Maharashtra Civil Services (Pension) Rules
- 1982
