Case Note & Summary
The petitioner, Shri Ashok Dattatraya Marathe, a superannuated employee of the State Government, filed a writ petition under Article 226 of the Constitution of India seeking counting of his past service rendered in a government-aided institution for pensionary benefits. He had initially served as a clerk in Abasaheb Garware College, Pune, which was an aided institution under the Maharashtra Education Society, from 1970 to 1973. Thereafter, he joined the State Government's Higher and Technical Education Department in 1973 and superannuated in 2005. Upon retirement, his past service was not counted for pension, leading to the petition. The legal issue was whether the past service in an aided institution could be counted under the Maharashtra Civil Services (Pension) Rules, 1982. The petitioner argued that the college was substantially aided by the government and that Rules 26 and 27 of the Pension Rules permitted counting of past service. The respondents, including the State and the college, opposed, contending that the past service was in a private institution not under government control. The court analyzed the rules and found that the college was an aided institution receiving government grants, and the petitioner's service was continuous. The court held that the past service was liable to be counted and directed the respondents to recompute the pensionary benefits accordingly. The petition was allowed with costs.
Headnote
A) Service Law - Pension - Counting of Past Service - Maharashtra Civil Services (Pension) Rules, 1982, Rules 26 and 27 - The petitioner, a superannuated employee of the State Government, sought counting of his past service rendered in a government-aided college (Abasaheb Garware College) for pensionary benefits. The court held that the past service in an aided institution is liable to be counted as per the rules, and the respondents' refusal was arbitrary. (Paras 1-17)
Issue of Consideration
Whether the past service rendered by the petitioner in a government-aided institution prior to his appointment in the government department is liable to be counted for the purpose of pensionary benefits under the Maharashtra Civil Services (Pension) Rules, 1982.
Final Decision
The petition is allowed. The respondents are directed to count the past service of the petitioner rendered in Abasaheb Garware College for the purpose of pension and other retirement benefits and to recompute the pensionary benefits accordingly. Rule is made absolute. The petition is disposed of with costs.
Law Points
- Counting of past service for pension
- Pensionary benefits
- Government servant
- Aided institution
- Maharashtra Civil Services (Pension) Rules
- 1982
- Rule 26
- Rule 27
- Article 226
Case Details
Writ Petition No. 906 of 2013 with Civil Application No. 463 of 2017
S.C. Dharmadhikari, Smt. Bharati H. Dangre
Mr. Hushing Praveen Kashinath for the Petitioner, Mr. B.V. Samant, A.G.P. for Respondent No. 1 to 3
Shri Ashok Dattatraya Marathe (since deceased by his heirs and legal representatives: Smt. Aparna Ashok Marathe, Mrs. Bhupali Keshav Joshi, Bhushan Ashok Marathe)
The State of Maharashtra, The Director of Education (Higher Education), The Deputy Secretary, Higher and Technical Education, The Maharashtra Education Society, The Abasaheb Garware College
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India seeking counting of past service for pensionary benefits.
Remedy Sought
The petitioner sought a direction to the respondents to count his past service rendered in Abasaheb Garware College for the purpose of pension and other retirement benefits.
Filing Reason
The petitioner's past service in an aided institution was not counted for pension upon his superannuation from government service.
Issues
Whether the past service rendered by the petitioner in a government-aided institution prior to his appointment in the government department is liable to be counted for the purpose of pensionary benefits under the Maharashtra Civil Services (Pension) Rules, 1982.
Submissions/Arguments
The petitioner argued that his past service in Abasaheb Garware College, which was an aided institution, should be counted for pension as per Rules 26 and 27 of the Maharashtra Civil Services (Pension) Rules, 1982.
The respondents contended that the past service was in a private institution not under government control and hence not liable to be counted.
Ratio Decidendi
Past service rendered in a government-aided institution prior to joining government service is liable to be counted for pensionary benefits under the Maharashtra Civil Services (Pension) Rules, 1982, as the institution is substantially aided by the government and the service is continuous.
Judgment Excerpts
The petitioner, a superannuated employee of the State Government has invoked the writ jurisdiction of this Court under Article 226 of the Constitution of India for counting of his past service rendered in a government-aided institution for pensionary benefits.
The court held that the past service in an aided institution is liable to be counted as per the rules, and the respondents' refusal was arbitrary.
Procedural History
The petitioner filed Writ Petition No. 906 of 2013 before the Bombay High Court. During the pendency, the original petitioner died and his heirs were brought on record via Civil Application No. 463 of 2017. The petition was heard and reserved on 7th December 2017, and judgment pronounced on 21st December 2017.
Acts & Sections
- Constitution of India: Article 226
- Maharashtra Civil Services (Pension) Rules, 1982: Rules 26, 27
- Bombay Public Trust Act, 1950:
