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SUPREME COURT OF INDIA
SUDHANSU JYOTI MUKHOPADHAYA & KURIAN JOSEPH, JJ.
Madhukar – Appellant
Versus
State of Maharashtra & Others – Respondents
Civil Appeal No. 4470 of 2014 (arising out of SLP(C).No. 32091 of 2012)
Decided On : 11-04-2014
(b) Maharashtra Civil Services (Pension) Rules, 1982 – Rule 46(1), 46(4) and 48(1) – Pension – Under Rule 46(1) “resignation from a service or a post entails forfeiture of past services” – Rule 46(4) carves out exceptions – Appellant neither claiming nor getting pension – Rule 46 not attracted. (Para 10)
(c) Maharashtra Civil Services (Pension) Rules, 1982 – Rule 48 – Resolution dated 11.03.1992, paragraph 3 – Break in service – Condonation – Only on compliance of Rule 48(1) – Rule 48(3) requires specific indication in service record against condonation of interruption between two spells of service – In absence of such indication interruption shall be treated as automatically condoned – Appellant resigning from old post and joining the new post the same day – Interruption is notional – Further, higher authorities recommending to add the earlier period of service for determination of pensionary benefit – Specific direction to the contrary in respect of condonation being absent, interruption between the two spells of service shall be treated as automatically condoned – Earlier service of appellant to be counted towards qualifying service. (Para 12, 13)
Facts of the case:
The appellant was appointed on 21.6.1950 in the Food Department and worked till 20.12.1954. Thereafter, he was appointed as Assistant Master, Upper Division where he functioned between 22.12.1954 and 19.8.1956. Since his posting on 20.8.1956 he worked as Assistant Direct Inspector of School, where he continued upto 9.10.1956. Thereafter, he was posted as Superintendant, Chokhamela Hostel, Nagpur from 10.10.1956 to 26.06.1957. Between 29.06.1957 and 30.04.1958 he underwent B.T. Training at Akola held by Education Department. Thereafter, the appellant was posted as Superintendent, Government Chokhamela Hostel, Nagpur on 1.5.1958 where he continued up to 10.12.1958. He was posted as Social Education Organiser between 11.12.1958 to 17.7.1960 when he tendered a resignation from the service. The resignation was accepted on 18.07.1960 by the Block Development Officer and it was forwarded to the Deputy Director of Education. After its acceptance, on 18.07.1960, he joined Hislop College, Nagpur as Lecturer in absence of any refusal of letter of resignation.
On 24.5.1983, the appellant retired from service as Assistant Professor (Marathi) from Hislop College, Nagpur. In between 1983 and 1986 pension of the appellant was finalized but the service of the appellant from 21.6.1950 to 18.7.1960 was not counted.
The Government of Maharashtra decided on 11.3.1992 to count past government service for computation of pension in respect of all employees retiring on or after 1.10.1982.
In view of such Resolution, though the appellant was entitled to get his past services counted for fixation of pension, the same were not considered.
The appellant made representations.
Respondent No.5 (AG) rejected the claim of the appellant.
The appellant’s writ petition was dismissed.
Finding of the Court:
Appellant is entitled for counting the service earlier rendered between 21.06.1950 to 17.07.1960 for determination of pension.
Result: Appeal allowed.
JUDGMENT :-
Sudhansu Jyoti Mukhopadhaya, J.
Leave granted.
2. This appeal has been preferred by the appellant against the judgment and order dated 23.04.2012 passed by the Division Bench of High Court of Judicature at Bombay, Nagpur Bench, Nagpur in Writ Petition No. 4736 of 2011. By the impugned judgment and order, the High Court refused to grant pension to the appellant and dismissed the writ petition. Apart from the ground of delay, the High Court dismissed the case on merit on the ground that the resignation in the previous service was not tendered by appellant with prior permission.
3. The appellant was appointed on 21.6.1950 in the Food Department at Dongargaon in District of Durg; the then ‘Madhya Prant Warhad State’ and worked till 20.12.1954. Thereafter, he was appointed as Assistant Master, Upper Division in Normal School at Kondagaon, District Jagdalpur where he functioned between 22.12.1954 and 19.8.1956. Since his posting on 20.8.1956 he worked as Assistant Direct Inspector of School, Nagpur where he continued upto 9.10.1956. Thereafter, he was posted as Superintendant, Chokhamela Hostel, Nagpur from 10.10.1956 to 26.06.1957. Between 29.06.1957 and 30.04.1958 he underwent B.T. Training at Akola held by Education Department. Thereafter, the appellant was posted as Superintendent, Government Chokhamela Hostel, Nagpur on 1.5.1958 where he continued up to 10.12.1958. He was posted as Social Education Organiser at Mauda, District Nagpur between 11.12.1958 to 17.7.1960 when he tendered a resignation from the service. The resignation was accepted on 18.07.1960 by the Block Development Officer and it was forwarded to the Deputy Director of Education. After its acceptance, on 18.07.1960, he joined Hislop College, Nagpur as Lecturer in absence of any refusal of letter of resignation.
4. The Maharashtra Civil Services (Pension) Rules, 1982 (hereinafter referred to as, “the Rules, 1982”) were not applicable to the teaching and non-teaching employees of the colleges. On 24.5.1983, the appellant retired from service as Assistant Professor (Marathi) from Hislop College, Nagpur. In between 1983 and 1986 pension of the appellant was finalized but the service of the appellant from 21.6.1950 to 18.7.1960 was not counted. The Government of Maharashtra by Government Resolution No.NGC 1284/106150/ 994/84)/VS-4 dated 11.3.1992 decided to count past government service for computation of pension in respect of all employees retiring on or after 1.10.1982. In view of such Resolution, though the appellant was entitled to get his past services counted for fixation of pension, the same were not considered. Being aggrieved, the appellant made representations followed by reminder dated 10.2.2000. On 30.11.2005, respondent No.4, the Administrative Officer, Higher Education, Nagpur Division, Nagpur recommended the appellant’s claim for refixation of pension to the respondent No.5, Senior Accounts Officer, Accountant General-II, Nagpur, Maharashtra. Respondent No.5 in turn rejected the said recommendation. On a representation made by the appellant, the Joint Director by his letter dated 30.12.2005 requested respondent No.2, the Director, Higher and Technical Education, Pune to take into consideration the services rendered by the appellant between 21.6.1950 and 18.7.1960 for computation of pension in view of Government Resolution dated 11.03.1992. In spite of such recommendation made by the Joint Director, no action was taken. The appellant then preferred the writ petition before the High Court which was dismissed by the impugned judgment and order dated 23.04.2012.
5. Learned counsel for the appellant placed reliance on Rule 48(3) of the Rules, 1982 and submitted that an interruption between two spells one rendered under the Government and other under the College should be treated as automatically condoned. Further, according to him, the appellant is entitled for counting the earlier period from 21.06.1950 to 18.07.1960 for re-fixation of pension in ter
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