The central legal point established in the judgment is the entitlement of the petitioner to pensionary benefits from the date of his superannuation, based on the interpretation of relevant pension rules and previous judgments.

JUDGMENT :

RAVINDRA V. GHUGE, J.

1. Rule. Rule made returnable forthwith and heard finally by consent of the parties.

2. The petitioner has put forth prayer clauses “C” and “C-1” as under:

“(C) By issuing writ of mandamus or any other appropriate writ, order or directions, the respondents be directed to prepare and forward pension proposal of petitioner including the monthly pension and other admissible benefits by considering half service rendered by him on temporary basis i.e. about 22 and half years, in addition to deemed date of permanency as per judgment and award passed by Industrial Court on permanent post and accordingly the petitioner be paid pensionary benefits as well as regular monthly pension along with interest @ 12% per annum and for that purpose necessary directions be issued.

(C-1) By issuing writ of certiorari or any other appropriate writ, order or directions, the impugned order dated 08th December, 2015 issued by the respondent No. 2 thereby regularizing the service of petitioner from the year, 2015 in-stead of 2002 be quashed and set aside/modified. Consequently, the respondents be directed to pay the arrears of salary of petitioner as permanent employee since from the year, 2002 and the respondents be further directed to grant pensionary benefits to petitioner by treating him as permanent employee since from the year, 2002 by considering his earlier temporary service to the extent half and for that purpose necessary directions be issued.”

3. The following are the undisputed facts emerging from the record:

(a) The petitioner joined the respondent Agricultural University on 24.4.1997, as a labourer.

(b) In 2001, there was a mass retrenchment in several Agricultural Universities in the State of Maharashtra, which was effected by taking prior permission of the State Government. However, an application under Section 25N, under Chapter VB of the Industrial Disputes Act, 1947, was not moved before the Deputy Commissioner (Labour), seeking permission to retrench these workers, who were in thousands.

(c) Nevertheless, the workers accepted the retrenchment.

(d) Subsequent thereto, as like many other retrenched workmen, the present petitioner was reemployed on 11.07.2002.

(e) Though the order of reemployment does not refer to Section 25G of the Industrial Disputes Act, 1947 r.w. Rule 82 of the Industrial Disputes (Bombay) Rules, 1957, the employer was obliged to reemploy the retrenched workmen, as per their seniority. In short, the principle of senior most employee being invited first for reemployment was followed.

(f) It is equally undisputed that the petitioner was granted regularization by the Government Resolution dated 16.11.2015.

(g) All retrenched workmen, who were re-employed, were issued with an identical orders.

(h) In the case of the petitioner, he was granted regularization on the post which was vacant and available w.e.f. 08.02.2015.

4. The issue is as to whether the petitioner would be entitled for the pensionary benefits. Rule 30 of the Maharashtra Civil Services (Pension) Rules, 1982, 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 is 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 or on 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 eligible for grant of superannuation, Invalid or, as the case may be, Retiring Pension; Retirement Guaranty and family pension at the same s