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Narayan Kishanrao Bhise v. State of Maha and Ors.

Bombay HC18 Oct 2016WP/5713/2003

Case brief

AI extract

What is this about?

Petitioner challenged denial of pensionary benefits due to lack of D.Ed. qualification in his 1978 appointment. Court held that retrospective relaxation of requirement via 2008 Government Resolution entitles petitioner to be treated as trained Superintendent for approved pay fixation and pension.

What did the court decide?

Respondents directed to grant approval as trained Hostel Superintendent, fix pay scale, and process pension papers expeditiously.

Narayan Kishanrao Bhise Vs State of Maha and… — Pension and Retirement Benefits | Bombay HC (2016)

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908.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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WRIT PETITION NO. 5713 OF 2003

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Narayan kishanrao Bhise
Age- 51 years, Occu; Service,
R/o Chanapur, Post : Lahan
Tq. Aradhapur, Dist. nanded

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... Petitioner

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VERSUS

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1. The State of Maharashtra,

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2. The Commissioner for Adivas Vikas, Adivasi Vkas Bhavan, Juna Agra Road, Nasik, Dist. Nasik

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3. The Assistant Commissioner, Adivasi Vikas, Amrawati, Dist. Amrawati

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4. The Project Officer, Ekatmik Adivasi Vikas Prakalpa, Kinwat, Tq. Kinwat Dist. Nanded

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5.The Headmaster,
Bhaskar Adivasti Ashram Shala,
At Post Chanepur Tq. Nanded
District Nanded

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Mr. R. R.Suryawanshi, Advocate for respondent No.1 to 4
Mr. B. A.Shinde, AGP for respondent Nos. 1 to 4,
Mr. D. B. Bhange, Advocate for respondent Nos. 5 and 6

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CORAM: S. V. GANGAPURWALA &
K. L. WADANE, JJ.
 DATE:
18th October, 2016

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JUDGMENT:

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1.Rule. Rule made returnable forthwith. With

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consent of parties, the petition is taken up for final

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disposal

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2. Mr. Suryawanshi, the learned counsel for the

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petitioner states that the petitioner was appointed as
Hostel Superintendent on 01.06.1978. Time to time,
approval was granted to the appointment of the
petitioner. The learned counsel submits that initially
approval was granted on a condition that the petitioner
should complete his D.Ed. Course. The petitioner
attained the age of superannuation and has retired on

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30.06.2010 during the pendency of the present writ
petition. The learned counsel further submits that
this Court, vide interim order dated 16th March, 2004,

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had directed Respondent Nos. 3 and 4 to give

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provisional approval to the petitioner as Hostel
Superintendent and release salary of the petitioner
till disposal of the writ petition. The petitioner was
continued in service. According to the learned counsel,

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as per subsequent Government Resolution dated
03.06.2008, the Government has relaxed the condition of
Hostel Superintendent possessing D.Ed. qualification
and even if the Hostel Superintendent does not possess
D.Ed. qualification, he should be considered as a
trained Superintendent and pay scale of Rs.4500-7000
is to be paid from 1st June, 2008.

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3. The learned counsel further submits that the

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respondents be directed to grant approval to the
appointment of the petitioner till the date of his
retirement and also direct the respondents to fix the
pay scale and release pension and pensionary benefits
of the petitioner.

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4. Mr. Shinde, the learned AGP submits that as the
petitioner was not possessing D.Ed. qualification, the
proposal for approval to his appointment is not
considered. Even initial approval specifically lays
down that that petitioner shall complete D.Ed. and
thereafter only would be considered as trained Hostel
Superintendent.

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5. Mr. Bhange, the learned counsel for respondent
Nos. 5 and 6 supports the contention of the petitioner.

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6. It is not disputed that pursuant to the interim
orders passed by this Court, the petitioner, on
attaining age of superannuation, retired from service
and was being paid salary in a pay-scale of Rs.4500-
7000 from 01.01.2008. The Government Resolution dated
03.06.2008 also states that condition of superintendent
possessing D.Ed. qualification is relaxed.

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908.odt

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7. In view of the aforesaid conspectus of the
matter, the petitioner will have to be considered as a
trained Hostel Superintendent. The petitioner was
appointed way back in the year 1978. In light of that,
we pass following order:

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O R D E R

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i. Respondents 3 and 4 authority shall grant approval

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to the appointment of the petitioner as trained
Hostel Superintendent and shall carry out the
exercise of pay fixation of the petitioner and
thereafter process the pension papers.

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ii. The Management shall also forward the pension

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papers to the respondent authorities which shall
be processed by the respondent authorities in
accordance with law, treating the services of the
petitioner as trained Hostel Superintendent. The
same shall be done expeditiously.

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8. Rule is made absolute accordingly. There shall
be no order as to costs.

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(K. L. WADANE, J.) (S. V. GANGAPURWALA, J. )
JPC

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Narayan Kishanrao Bhise v. State of Maha and Ors.

Case brief

What is this about?

What did the court decide?

Narayan Kishanrao Bhise v. State of Maha and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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