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NITIN JAMDAR, M. M. SATHAYE
Satyawati Sudhir Joshi – Appellant
Versus
State Of Maharashtra – Respondent
JUDGMENT :
Nitin Jamdar, J.
1. Rule. Rule made returnable forthwith. Taken up for disposal.
2. The Petitioner, though having completed thirty-three years of service with the Respondent - University, is denied the pensionary benefits. Aggrieved, the Petitioner is before us, with this Writ Petition.
3. The Petitioner was the employee of Respondent No.3 Savitribai Phule Pune University. Respondent No.1 is the State of Maharashtra through the Secretary, Higher and Technical Educational Department. Respondent No.2 is the Auditor, Department of Higher Education.
4. Respondent No.3 - The University had published an Advertisement for filling in various teaching posts in the University departments vide Advertisement No. 55 dated 21 September 1992.
The Petitioner applied for the post of Reader on 23 October 1992. Petitioner was appointed to the post of a Reader in Chemistry in the University Department of Chemistry against the post reserved for the Nomadic tribe category temporarily for six months by order dated 10 August 1993. After that, the services of the Petitioner as Reader were continued against the post reserved for the DT/NT category from 9 July 1994 to 29 June 1995 and 8 July 1995 to 15
The liability to pay the pension and other benefits payable under the provisions of the Maharashtra Civil Services (Pension) Rules, 1982 would be that of the State Government and not the University o....
The continuous advertisement of a reserved post for a specified period without a response from reserved category candidates entitles the appointed candidate to de-reservation and service benefits as ....
Past temporary services of employees must be considered for pension calculation under the Bihar Pension Rules, ensuring fair treatment and preventing undue hardship.
Existing pension at the rate of Central University be stopped - petitioner had been substantively appointed in the post of the Registrar of Tripura University. Hence, the service rendered by the peti....
The main legal point established in the judgment is the requirement of completing a minimum qualifying service of 10 years for pension eligibility, as per the relevant statutes and precedents.
Point of Law : Temporary/Contractual appointment – Rejection of claim – Justified.
Eligibility for pension benefits requires continuous service without voluntary breaks; prior service in different institutions does not automatically qualify unless condoned.
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