The main legal point established in the judgment is the interpretation and application of the Maharashtra Civil Services (Pension) Rules, specifically regarding the counting of part-time service towards qualifying service for pensionary benefits.

P. B. GAIKWAD, J.

( 1 ) PETITIONER Shivappa s/o Bhujangappa Bembale has filed present Writ Petition against Zilla Parishad through its Chief Executive officer and requested for direction to regularise his services as a Peon w. e. f. 24-7-1970; further direction is sought to regularise his services as Peon w. e. f. 1973. Petitioner also claimed arrears; and, thereafter, by amending petition on 12-9-1995, claimed relief to grant pension.

( 2 ) THE gist of the contention of the petitioner that he is resident of bardapur, Tq. Ambajogai, District Beed. It is further claimed that he was working as part time Peon in a Primary Girls School at Bardapur since 1-8-1970. He worked as part time Peon till 10-7-1990. The said school is run by Zilla parishad, Beed. It is further claimed that he was thereafter appointed and taken in regular cadre as Peon in the pay scale of Rs. 750-12-870-DR-14-940 by order dated 6-7th July, 1990 passed by the Chief Executive Officer, Zilla Parishad. Beed. The petitioner was, accordingly, posted as Peon in the Primary Girls school, Hatola, Taluka Ambajogai and he worked there till 30-4-1993, however, as he completed 60 years of age on 30-4-1993, he was relieved from service w. e. f. 30-4-1993. It is further submitted that as a matter of fact the services of petitioner ought to have been regularised in the year 1973 itself and should have taken in regular cadre. However, he was continued to serve part time till 1990. It is further contended that some other persons were taken on regular cadre. It is also submitted that by paying meagre amount of Rs. 2,322/- the petitioner is retired from service on 30-4-1993. According to him, the service record of petitioner is clean and unblemished; even, he continued in service from 1-8-1970 till 30-4-1993; and considering the said period he is entitled for pensionary benefits. It is submitted that the petitioner is unnecessarily discriminated. A request is accordingly made to direct the respondent Zilla Parishad to consider his claim for pensionary benefits.

( 3 ) IN the petition we heard Mr. Vivek Dhage, Advocate for petitioner; Mr. U. K. Patil, AGP for respondent No. 1 - State; and Mr. C. V. Thombre, Advocate for respondent No. 2 - Zilla Parishad, Beed, at length. We have also gone through the affidavit-in-reply filed on behalf of Zilla Parishad and the letter dated 1-3-1994 and 14-7-1994.

( 4 ) MR. Vivek Dhage, Advocate, referred Rule 30, Rule 57 and Rule 110 of the Maharashtra Civil Services (Pension) Rules and relying on those provisions, according to him, the claim for pension of the petitioner has been wrongly rejected. As against this, it is submitted on behalf of respondents that, Note 2 of rule 57 is applicable in the present case and, therefore the petitioner is not entitled to claim pensionary benefits, as in view of Rule 57 the services of present petitioner is hardly 3 years and he has not completed qualifying service as required under Rule 30 and Rule 110. It is, thus, now necessary to see whether the submissions made on behalf of petitioner is acceptable for which a reference to Rule 30 of the Maharashtra Civil Services (Pension) Rules, 1982, which reads as under :

"30. Commencement of qualifying service.- Subject to the provisions of these rules, qualifying service of a Government servant shall commence from the date he takes charge of the post to which he first appointed either substantively or in an officiating or temporary capacity : provided that at the time of retirement he shall hold substantively a permanent post in Government service or holds a suspended lien or certificate of permanency. [provided further that, in cases where a temporary Government servant retires on superannuation on or being declared permanently incapacitated for further Government service by the appropriate medical authority after having rendered temporary service of not less than 10 years, or voluntary after the completion of 20 years of qualifying service, shall be eligi