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R. D. DHANUKA, S. G. MEHARE
Muktabai W/o Chandrakant Parwat – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT
S.G. Mehare, J. - Rule. Learned Government pleader waives the service of notice for the State. Learned counsel Shri A.P. Bhandari for respondents no.2 and 3/ Municipal Corporation Aurangabad, and Education Officer waives the service of notice.
2. Rule made returnable forthwith. By the consent of the parties heard finally.
3. A short question for determination is whether the employee can seek condonation of interruption in service to enhance the pension where the employee has qualifying service for pension?
4. The petitioners were permanent in service as teachers in Municipal Corporation (the then Council) as per the orders dated 08.06.1985 and 11.12.1985. However, before permanency, there were interruptions in their service from the date of their first temporary appointments dated 09.02.1981. The interruption in service of judgment petitioners was two years and eighty-eight days and three years eight months each respectively. After the permanency, the petitioners served as teachers until their retirements, i.e. 31.05.2015 and 30.06.2018.
5. The Maharashtra Civil Services (Pension) Rules, 1982 ('Pension Rules' for short) have been made applicable to the employees of Aurangabad M
The purpose of condoning interruptions in service is to make an employee entitled to the pension by adding the days of service, not to enhance the pension.
The purpose of condoning interruptions in service is to make an employee eligible for pension by adding the days of service, not to enhance the pension.
The central legal point established in the judgment is the importance of liberal construction of pensionary provisions as a social welfare measure, emphasizing the entitlement of government servants ....
Interruption in service of an employee will not count for pension: Provided that regular service before interruption is eligible to be reckoned as qualifying service for pension and period of such in....
Eligibility for pension benefits requires continuous service without voluntary breaks; prior service in different institutions does not automatically qualify unless condoned.
The interpretation of statutory rules and the application of restrictions or conditions appended to the rules should be in line with the specific categories and provisions mentioned in the rules.
Important point:The benefit of counting period of break will be allowed in cases where the break was due to reduction of staff strength of the institution. Apparently, this is a case in which petitio....
Eligibility for pension under the Old Pension Scheme is contingent on service in institutions receiving 100% grants before the cut-off date of 01.11.2005, with precedents acknowledging prior unaided ....
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