Case Note & Summary
The petitioner, Bhaskar s/o Niwartirao Jadhav, filed a writ petition before the Bombay High Court, Aurangabad Bench, seeking pensionary benefits for his service as Superintendent, Legal Aid Cell, Beed. He had retired from that post and claimed that he was entitled to pension under the Maharashtra Civil Services (Pension) Rules, 1982. The respondents, including the State of Maharashtra and the Accountant General, opposed the petition, arguing that the post was not a civil post and that the petitioner was not entitled to pension. The court considered the provisions of the Legal Services Authorities Act, 1987, and the rules framed thereunder. The court noted that the petitioner had been appointed to a post created under the Act and that his salary and allowances were paid from the consolidated fund of the State. The court held that the post of Superintendent, Legal Aid Cell is a civil post and that the petitioner is entitled to pensionary benefits. The court allowed the petition and directed the respondents to compute and pay the pensionary benefits to the petitioner within a specified period.
Headnote
A) Service Law - Pensionary Benefits - Civil Post - Legal Services Authorities Act, 1987 - Sections 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30 - The petitioner, who served as Superintendent, Legal Aid Cell, claimed pensionary benefits. The court examined whether the post is a civil post and whether the petitioner is entitled to pension. Held that the post of Superintendent, Legal Aid Cell is a civil post and the petitioner is entitled to pensionary benefits as per the Maharashtra Civil Services (Pension) Rules, 1982. (Paras 1-10)
Issue of Consideration
Whether the post of Superintendent, Legal Aid Cell is a civil post and whether the petitioner is entitled to pensionary benefits under the Maharashtra Civil Services (Pension) Rules, 1982.
Final Decision
The court allowed the writ petition and directed the respondents to compute and pay the pensionary benefits to the petitioner within a period of three months.
Law Points
- Pensionary benefits
- Civil post
- Legal Services Authorities Act
- 1987
- Maharashtra Civil Services (Pension) Rules
- 1982
- Writ jurisdiction
