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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
M.S.KARNIK, N.R.BORKAR
Dilip Jagannath Ambilwade – Appellant
Versus
Government of Maharashtra through the Principle Secretary – Respondent
| Table of Content |
|---|
| 1. facts surrounding the appellant's employment history. (Para 1 , 2 , 3 , 4 , 5) |
| 2. arguments regarding the delay in receiving appointment. (Para 6 , 10 , 12) |
| 3. claims based on previous employment and rules of pension. (Para 7 , 8 , 9 , 11) |
| 4. court's findings on the facts of the case. (Para 14 , 15 , 16) |
| 5. details of departmental inquiry and termination. (Para 17) |
| 6. court's observations on jurisdiction and merits. (Para 19 , 21 , 28) |
| 7. resignation and its implications for service counting. (Para 24 , 25) |
| 8. final judgment dismissing the writ petition. (Para 30 , 31 , 32) |
JUDGMENT :
M.S. KARNIK, J.
1. The challenge in this Petition under Article 226 of the Constitution of India is to the order dated 5th August 2016 passed by the Maharashtra Administrative Tribunal Bench at Mumbai (“the Tribunal” for short) in Original Application No.972 of 2015. The Petitioner also challenges the order dated 12th December 2014 in Miscellaneous Application No.125 of 2013 in Original Application No.545 of 2010 passed by the Maharashtra Administrative Tribunal, Bench at Aurangabad. The Petitioner further prays for a direction to the Respondents to condone the break in service from 13th Octo
Resignation from a government service entails forfeiture of past service unless specified conditions are met; previous service cannot be counted for pension post-resignation.
Resignation without proper permission under Tamil Nadu Pension Rules forfeits past service, and delay in claiming benefits undermines entitlement.
Eligibility for pension benefits requires continuous service without voluntary breaks; prior service in different institutions does not automatically qualify unless condoned.
Pension eligibility cannot be claimed without meeting statutory service requirements and timely judicial action against employment decisions.
The court established that temporary service can be counted for pension purposes if there is a direct connection to subsequent regular employment and interruptions in service can be condoned under sp....
(1) Writ Jurisdiction – Laws of limitation do not apply to exercise of jurisdiction under Article 226 of Constitution of India.(2) Pension is a life long benefit – Denial of pension is a continuing w....
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