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.

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 dtd. 8/6/1985 and 11/12/1985. However, before permanency, there were interruptions in their service from the date of their first temporary appointments dtd. 9/2/1981. The interruption in service of 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. 31/5/2015 and 30/6/2018.

5. The Maharashtra Civil Services (Pension) Rules, 1982 ('Pension Rules' for short) have been made applicable to the employees of Aurangabad Municipal Corporation as per sec. 465 of the said Act.

6. Qualifying service is sine qua non for pension. 'Qualifying service' means a service that may be considered in determining whether an employee is eligible by the length of service for a pension. Rule 30 of the Pension Rules defines 'Qualifying Service', which reads thus:

"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 ten years, or voluntarily after completion of twenty years of qualifying service, shall be eligible for grant of superannuation, Invalid or, as the case may be, Retiring Pension, Retirement Gratuity; and Family Pension at the same scale as admissible to a permanent Government Servant].

7. It is clear from the above Rule that ten years of qualifying service is a condition precedent for the entitlement of pension. Where the employee retires on superannuation or is declared permanently incapacitated for further service, or voluntarily retires after twenty years of service, the employee's service is to be counted for qualifying service for pension. The servant, at the time of retirement, shall hold substantively a permanent post.

8. The petitioners are seeking the condonation of breaks in service for the enhancement of the pension and other retiral benefits. In the light of the petitioners' prayers, it would be profitable to discuss and examine the purpose and provision of condonation of interruption in service. The condonation of interruption in service for seniority and pension are two distinct issues. In this case we are dealing with the condonation of interruption in service for the purpose of pension as prayed and that too for the enhancement of pension.

9. Rule 48 of the Pension Rules speaks about the condonation of interruption in service. It provides that the appointing authority has a discretionary power to condone the interruption in service provided the interruptions should have been caused by reasons beyond the control of the Government servant. The total service pensionary benefit in respect of which will lost, is not less than five years duration, excluding one or two interruptions, if any and the interruption including two or more in