Partly allowed

Vilas Ganpatrao Pawar v. the State of Maharashtra and Others

Bombay HC24 Sept 2019WP/4626/2018

Case brief

AI extract

What is this about?

High Court Bench at Aurangabad disposed of writ petitions filed by Mustering Assistants seeking pensionary benefits. Relying on prior orders treating them as permanent employees from the date of industrial complaints, the Court directed that they be treated as permanent from the date of filing their complaints for pension calculation purposes, while reserving final eligibility determination to con

What did the court decide?

Petitioners to be treated as permanent employees from date of filing ULPs for pension calculation; superannuated petitioners directed to make representation within four months.

Vilas Ganpatrao Pawar Vs the State of… — Pension and Retirement Benefits | Bombay HC (2019)

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182-183

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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 182 WRIT PETITION NO.4626 OF 2018

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VILAS GANPATRAO PAWAR

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VERSUS

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THE STATE OF MAHARASHTRA AND OTHERS

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Advocate for Petitioner : Mr Kakade Amol N .
AGP for Respondents State: Mr A B Chate
Advocate for Respondent No. 3 : Mrs Suvarna M Zaware

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WITH

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183 WRIT PETITION NO.4627 OF 2018

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HAMBIR TULJARAM MANDGE

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VERSUS

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THE STATE OF MAHARASHTRA AND OTHERS

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...

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Advocate for Petitioners : Mr Kakade Amol N .
AGP for Respondents State: Mr G. L. Deshpande
Advocate for Respondents 2 and 4 : Mr. Pratik P Kothari

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CORAM: S. V. GANGAPURWALA &
ANIL S. KILOR, JJ.
 DATE:24th September, 2019

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ORDER :

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We have heard the learned counsel for the

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petitioners, learned AGP for the State and learned counsel
for the respondent Zilla Parishads.

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The petitioners herein claim to have been appointed

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as Mustering Assistants prior to 1984-85. These
petitioners had filed complaint U.L.P. bearing Nos.
13/1989 and 129/1989, alleging unfair labour practice and
directing grant of status and privileges of permanency and

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other consequential benefits from the date of complaint.

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Page 1 of 5

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182-183

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It is also stated that the petitioners in writ petition
Nos. 12748/2016 and 12747/2016 have also approached the
Maharashtra Administrative Tribunal subsequently the O.A.
were dismissed.

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3. This Court in writ petition no. 8359 of 2013 with
connected writ petitions under order dated 13.08.2015 and
the another Division Bench of this Court in writ petition
no. 11183 of 2015 wit h connected writ petitions under
order dated 07.04.2016 in respect of similarly situated
employees’ who had filed complaint U.L.P. had passed the
order, as passed in writ petition nos. 2946 of 1997, 2236
of 1997 and 2246 of 1997 at Principal seat. The S.L.P.
filed against the order in writ petition No. 2946/1997 is
also dismissed.

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The learned counsel for respective petitioners submit that, one of the mustering assistant filed writ petition No. 2946 of 1997 before this Court at it's Principal seat at Bombay. The Division Bench of this Court gave directions in the said writ petition to consider the past services for grant of pension in view of the judgment and order passed by the Industrial Court. The same relief is being claimed by these petitioners in the present writ

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Page 2 of 5

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182-183

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petitions. The learned counsel submit that, the special
leave petition filed against the said judgment and order
of this Court is also dismissed.

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5. The learned Additional Government Pleader states
that, the past service cannot be considered of the
petitioners in view of the scheme framed by the Government
and approved by the Apex Court vide Government Resolution
dated 01.12.1995 and the subsequent Government Resolution
of the year 1999. The learned A.G.P. further submits that,
it is only after the mustering assistants are absorbed in
Government service, they can be considered as Government
employees and benefits of Government service can be
accorded to them. As these petitioners after absorption
did not complete the period of qualifying service, they
are not entitled for pensionary benefits.

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It is not disputed that in these matters, the

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petitioners had approached the Industrial Court by filing

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complaint ULP. The said complaints are allowed and
Industrial Court directed present respondent/State to
accord those complainants/petitioners herein status and
privileges of permanency and consequential benefits from

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the date of filing of complaints. As the pensionary

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Page 3 of 5

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182-183

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benefits are not being accorded, one of such complainants
filed writ petitions bearing Writ Petition No. 2946 of
1997, Writ Petition No. 2236 of 1997 and Writ Petition No.
2246 of 1997. The Division Bench of this Court partly
allowed the said petitions and passed the following order.

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“1. In view of the Judgment and Order dated
08th April, 1997 passed by the learned
Industrial Court, Solapur, for the purpose of
considering the grant of pensionary benefits,
the Petitioners shall be treated as Permanent
Employees with effect from 01st October, 1988
till the respective dates of superannuation.

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2. In case of the Petitioners who were already
superannuated, it will be open for them to make
a representation to the concerned Authorities
for grant of pensionary benefits.

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3. If such representation is made, same shall
be decided as expeditiously as possible and
preferably within a period of four months from
the date on which the representations are made.

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4. We make it clear that, apart from issuing
directions regarding the date of permanent
employment of the respective Petitioners, we
have not examined the case of the Petitioners
as regards the eligibility of pensionary
benefits.

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5. Rule is made partly absolute on both terms
with no order as to costs.”

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7. The Special Leave Petition filed against the said
judgment and order is also dismissed. In the light of
that, we adopt the same course as adopted by this Court in
the above said writ petitions and pass the following
order:

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Page 4 of 5

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I) In view of the Judgment and Order passed by the learned Industrial Court for the purpose of considering the grant of pensionary benefits, the Petitioners shall be treated as Permanent Employees with effect from the date of their complaints i. e. from the date of filing of their respective ULP's till the respective dates of superannuation.

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II) In case of the Petitioners who were already superannuated, it will be open for them to make a representation to the concerned Authorities for grant of pensionary benefits.

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III) If such representation is made, same shall be decided as expeditiously as possible and preferably within a period of four months from the date on which the representations are made.

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IV) We make it clear that, apart from issuing directions regarding the date of permanent employment of the respective Petitioners, we have not examined the case of the Petitioners as regards the eligibility of pensionary benefits.

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V) Rule is made partly absolute on above terms with no order as to costs.

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VI) Writ petitions accordingly partly allowed.

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(ANIL S. KILOR, J.) (S.V.GANGAPURWALA, J.)

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JPC

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Page 5 of 5

Vilas Ganpatrao Pawar v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

Vilas Ganpatrao Pawar v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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