Case Note & Summary
The Petitioner, Smt. Nagaveni R., filed a writ petition seeking pension and other retiral benefits by counting her service from 25.2.1975 to 5.11.1984 rendered with the Maharashtra State Board of Secondary and Higher Secondary Education (Board) along with her subsequent service as a clerk-cum-stenographer at PD Lions College of Commerce and Economics, an aided institution, from 6.11.1984 to 31.1.2002. There was no dispute regarding her entitlement to pension based on her service from 1984 to 2002; the only issue was whether the earlier service with the Board should be counted. The Petitioner had resigned from the Board on 6.8.1984 and by letter dated 9.10.1984 sought permission to join the school, which was granted. The Respondents contended that the resignation was voluntary and not with proper permission, and that the Board and school were different employers. The court analyzed Rule 46(2) of the Maharashtra Civil Services (Pension) Rules, 1982, which provides that resignation shall not entail forfeiture of past service if it is submitted to take up, with proper permission, another appointment. The court found that the Petitioner's resignation was indeed to take up another appointment and that proper permission was obtained. The court held that the Petitioner's service from 1975 to 1984 with the Board must be counted for pension and retiral benefits. The petition was allowed, and the Respondents were directed to compute and pay the pension and retiral benefits accordingly within three months.
Headnote
A) Service Law - Pension - Counting of Prior Service - Rule 46(2) of Maharashtra Civil Services (Pension) Rules, 1982 - Resignation to take up another appointment with proper permission does not entail forfeiture of past service - The Petitioner resigned from the Board to join an aided school with proper permission; held that the period of service with the Board from 25.2.1975 to 5.11.1984 must be counted for pension and retiral benefits (Paras 1-6).
Issue of Consideration
Whether the Petitioner's service from 1975 to 1984 with the Maharashtra State Board of Secondary and Higher Secondary Education is to be counted for the purposes of determination of her pension and other retiral benefits.
Final Decision
The petition is allowed. The Respondents are directed to compute and pay the pension and other retiral benefits to the Petitioner by counting her service from 25.2.1975 to 5.11.1984 with the Board along with her service from 6.11.1984 to 31.1.2002 with the school, within three months from the date of the order.
Law Points
- Resignation to take up another appointment with proper permission does not entail forfeiture of past service
- Rule 46(2) of Maharashtra Civil Services (Pension) Rules
- 1982
- Pensionary benefits must be computed by counting prior service with Board
Case Details
2013 LawText (BOM) (12) 59
WRIT PETITION NO.578 OF 2005
V. M. KANADE, M. S. SONAK
Mr. N. Jayaraman for the Petitioner, Mr. M.D. Naik, AGP for Respondent Nos.1 & 3, Mr. P.P. Chavan i/b. Little & Co. for Respondent No.2
1. The Joint Director of Higher Education, Mumbai Region, 2. The Divisional Secretary, M.S. Board of Secondary & Higher Secondary Education, Mumbai Division, Vashi, 3. The State of Maharashtra
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Writ petition seeking pension and retiral benefits by counting prior service with the Board.
Remedy Sought
Petitioner seeks pension and other retiral benefits by counting her service from 25.2.1975 to 5.11.1984 with the Board along with her service from 6.11.1984 to 31.1.2002 with the school.
Filing Reason
The Petitioner's pension and retiral benefits were not paid because she refused to sign pension papers excluding the period of service with the Board, apprehending waiver of her larger claim.
Issues
Whether the Petitioner's service from 1975 to 1984 with the Board is to be counted for the purposes of determination of her pension and other retiral benefits.
Submissions/Arguments
Petitioner argued that under Rule 46(2) of the Maharashtra Civil Services (Pension) Rules, 1982, resignation shall not entail forfeiture of past service if it has been submitted to take up, with proper permission, another appointment. The resignation letter dated 6.8.1984 and further letter dated 9.10.1984 show that the appointment with the school was with proper permission.
Respondents contended that the resignation was voluntary and not with proper permission, and that the Board and school are different employers.
Ratio Decidendi
Under Rule 46(2) of the Maharashtra Civil Services (Pension) Rules, 1982, resignation to take up another appointment with proper permission does not entail forfeiture of past service. The Petitioner's resignation from the Board to join the school was with proper permission, and therefore her prior service must be counted for pension and retiral benefits.
Judgment Excerpts
By this petition, the Petitioner seeks pension and other retiral benefits by counting her services from 25.2.1975 to 5.11.1984 rendered with the Maharashtra State Board of Secondary and Higher Secondary Education (Board) alongwith her service as a clerk-cum-stenographer at the PD Lions College of Commerce and Economics, Malad (West), Mumbai (School), an aided Institution with effect from 6.11.1984 to 31.1.2002.
The only question which remains is whether the Petitioner's service from 1975 to 1984 with Board is to be counted for the purposes of determination of her pension and other retiral benefits.
In terms of Rule 46(2) of the Maharashtra Civil Services (Pension) Rules, 1982, a resignation shall not entail forfeiture of past service if it has been submitted to take up, with proper permission, another appointment.
Procedural History
The Petitioner filed Writ Petition No.578 of 2005 before the High Court of Judicature at Bombay seeking pension and retiral benefits. The petition was heard by a Division Bench comprising V. M. Kanade and M. S. Sonak JJ., and judgment was delivered on 10 December 2013.
Acts & Sections
- Maharashtra Civil Services (Pension) Rules, 1982: Rule 46(2)
