Partly allowed

Anand Kashiram Sapkale v. the State of Maharashtra and Others

Bombay HC24 Nov 2021WP/1022/2020

Case brief

AI extract

What is this about?

Division Bench held petitioner, who transitioned from part-time to full-time service, entitled to half of part-time tenure added to permanent service for pension/gratuity calculation, modifying impugned order to include 18 months 4 days.

What did the court decide?

Impugned order modified to add 18 months 4 days part-time service; gratuity arrears and pension recalculated by 15.03.2022.

Anand Kashiram Sapkale Vs the State of… — Pension and Retirement Benefits | Bombay HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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905 WRIT PETITION NO.1022 OF 2020

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ANAND KASHIRAM SAPKALE VERSUS

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THE STATE OF MAHARASHTRA AND OTHERS

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Advocate for Petitioners : Mr. Sumeet A Sapkale AGP for Respondent Nos.1 to 3 : Mr. S.G. Sangle

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CORAM : RAVINDRA V. GHUGE & S.G. MEHARE, J.J.

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DATED : 24^th NOVEMBER, 2021

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PER COURT:-

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Despite service of Court notice on respondent no.4 Head Master of the School, no appearance has been entered. A notice for final hearing w a s also served on respondent no.4 and still, there has been no response.

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We have considered the submissions of the learned advocate for the petitioner and the learned AGP on behalf of respondent nos.1 to 3. The short issue raised in this petition is as to wahether the petitioner, waho superannuated on 31.07.2018 as a permanent full time teacher, waould be entitled to computation of half of the part time service tenure wahile calculating the retiral benefits inclusive of pension and gratuity.

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The petitioner joined as a part time assistant teacher on 17.12.1998. He w a s conferred waith the status of a full time assistant

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teacher wa.e.f. 01.01.2002 and he superannuated on 31.07.2018. Thus, he had put in 16 years and 7 months of permanent full time service and 3 years and 15 days as in part time service. The qualifying service for pension is 10 years. Rule 30 and Rule 57 (Note 1) of the Maharashtra Civil Services (Pension) Rules, 1982, enable the addition of half of the temporary service of an employee for the purpose of calculating the pensionable service and for extending retiral benefits. Naturally, the petitioner waould be entitled to the addition of 1 year 6 months and 4 days in his permanent service of 16 years and 7 months for the purposes of calculating his retiral benefits.

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The learned Single Judge Bench of this Court (Coram : Ravindra V. Ghuge, J.) has interpreted the efect of Rule 30, Rule 57 and Note 1 belowa Rule 57 in Writ Petition No.8000 of 2015 filed by Mahatma Phule Krishi Vidyapeeth, Rahuri Vs. Ganpat S/o Kisan Karle decided on 03.03.2016. The learned Division Bench of this Court has also considered this issue in Jyoti Prakash Chougule Vs. State of Maharashtra and Others, at the Principal Seat vide judgment dated 07.01.2014, delivered in Writ Petition No.2354 of 2012. So also, the learned Division Bench of this Court at Aurangabad has held a similar viewa in Writ Petition No.8289 of 2013 filed by Shalini wa/o Asaram Akkarbote Vs. The State of Maharashtra and Others, decided on 29.04.2014.

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Though the learned AGP has strenuously defended the impugned order dated 29.03.2019, it is obvious from the same that

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50% of the part time service put in by the petitioner has not been reckoned waith wahile calculating his pensionary benefits.

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Considering the above, this petition is partly allowaed. The impugned order dated 29.03.2019 is modified by adding 18 months and 4 days as a part of the total service put in by the petitioner. Consequentially, the Ofce of the Accountant General (Accounts and Entitlement) Maharashtra, Mumbai shall recalculate the service tenure of the petitioner and in the event it has any efect on the pensionary benefits, the said exercise shall be completed as expeditiously as possible and in any case on or before 31.01.2022. Needless to state, arrears of pension amounts, if any, shall be paid to the petitioner on or before 15.03.2022.

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Consequentially, the gratuity amount for a period of 1 year and 6 months waill also become payable and the said amount waould also be paid to the petitioner along waith other arrears, by the State, on or before 15.03.2022.

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(S.G. MEHARE. J.)

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(RAVINDRA V. GHUGE, J.)

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Mujaheed//

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Anand Kashiram Sapkale v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

Anand Kashiram Sapkale 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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