Case Note & Summary
The petitioner, Vijay Ganpat Pimple, was appointed as a Legal Assistant with the Thane Municipal Corporation (Respondent Nos. 1 and 2) in 1997 based on an advertisement and recruitment process. He worked uninterruptedly until his retirement. Although there was an issue that the petitioner had not appeared in court as per the recruitment and service conditions, no objection was raised regarding his monetary claims or pensionary benefits during his service. The petitioner received his salary regularly until retirement. After retirement, the respondents denied pensionary benefits based on the last drawn salary, citing non-compliance of formalities. The petitioner filed a writ petition seeking pension on the basis of the payscale actually drawn, with interest at 12% on unpaid amounts. The respondents, in an additional affidavit dated 29 August 2016, admitted that the MCSR (Pension) Rules are applicable. The court held that pensionary benefits cannot be curtailed or taken away merely for non-compliance of formalities after retirement, especially when the petitioner had completed unblemished service. The relaxation of recruitment rules should have been addressed at the time of appointment or immediately thereafter. The court allowed the petition, directing the respondents to grant pensionary benefits based on the last drawn salary with interest at 12% per annum on arrears from the date of retirement until payment.
Headnote
A) Service Law - Pension - Entitlement - MCSR (Pension) Rules - Petitioner worked as Legal Assistant from 1997 until retirement without any objection regarding his monetary claims - Respondents admitted MCSR (Pension) Rules are applicable - Held that pensionary benefits cannot be curtailed or taken away merely for non-compliance of formalities after retirement, and relaxation of recruitment rules should have been taken care of at the time of appointment or immediately thereafter (Paras 2-4).
Issue of Consideration
Whether the petitioner is entitled to pensionary benefits based on the last drawn salary despite not having appeared in court as per recruitment and service conditions, and whether pension can be denied for non-compliance of formalities after retirement
Final Decision
Rule made absolute. Respondents directed to grant pensionary benefits to the petitioner based on the last drawn salary with interest at 12% per annum on arrears from the date of retirement until payment.
Law Points
- Pensionary benefits cannot be curtailed or taken away merely for non-compliance of recruitment formalities after retirement
- relaxation of recruitment rules should be taken care of at the time of appointment or immediately thereafter
- pension entitlement is based on last drawn salary and retirement rules
