Judgment. wp1484.11
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 1484 OF 2011
AND CIVIL APPLICATION NO.2147 OF 2016.
Dr. (Mrs.) Nandini w/o Santosh
Jathar, Aged about 61 years,
Occupation - Service, resident of
Plot no.34, Shil-Park, 25, Daga Layout,
Nagpur. ..... PETITIONER.
VERSUS
1. State of Maharashtra,
through its Secretary,
Department of Higher and
Technical Education, Mantralaya,
Mumbai - 400 032.
2. The Director of Higher Education
State of Maharashtra, Central
Building, Pune -1.
3. Joint Director of Higher Education
State of Maharashtra, Nagpur Division,
Nagpur, Old Morris College Compound,
Nagpur.
4.LAD & Smt. R.P.College,
through its Principal, Shankar Nagar,
Nagpur.
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Judgment. wp1484.11
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5. The Accountant General,
Maharashtra-II, Civil Lines,
Nagpur. ..... RESPONDENTS.
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Shri B.G. Kulkarni, Advocate for the Petitioner. Shri N.R. Rode, A.G.P. for Respondent Nos.1 to 3 & 5.
None for Respondent No.4 - Served.
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CORAM : B.P. DHARMADHIKARI & A.S. CHANDURKAR, JJ.
DATE : OCTOBER 21, 2016.
ORAL JUDGMENT : (Per : B.P. Dharmadhikari, J.) Heard learned Counsel for the parties.
2. Petitioner admittedly was in service as a Lecturer in an affiliated college receiving grant-in-aid from State of Madhya Pradesh at Jabalpur from 07.09.1977 to 10.10.1988.
She joined services of respondent no.4 College at Nagpur on 12.10.1988. It is not in dispute that respondent no.4 College is also an affiliated college receiving grant-in-aid from State of ::: Uploaded on - 21/10/2016 ::: Downloaded on - 22/10/2016 01:10:23 ::: Judgment. wp1484.11 3 Maharashtra.
3. It is also not in dispute that break of one day i.e. 11.10.1988 occasioned in the process has been condoned in accordance with law, and hence, the services need to be counted as one and continuous.
4. However, when she sought voluntary retirement from 31.07.2002, her previous service with Madhya Pradesh College has been ignored, with the result total service is worked out at 13 years, 9 months and 19 days. If her earlier service at Jabalpur in State of Madhya Pradesh is added to this, she puts in 24 years, 10 months and 24 days.
5. Our attention has been invited to judgment delivered by the Hon'ble Supreme Court in Civil Appeal No.4470/2014 (arising out of SLP (Civil) No. 32091/2012) Madhukar .vrs. State of Maharashtra. There the Hon'ble Supreme Court has reversed the judgment dated 23.04.2012 of ::: Uploaded on - 21/10/2016 ::: Downloaded on - 22/10/2016 01:10:23 ::: Judgment. wp1484.11 4 this Bench in Writ Petition No. 4736/2011, and directed clubbing of two such services together.
6. Following this judgment, Division Bench of this Court in Writ Petition No. 4234/2014 (Mahendra Dilraj Singh Rai .vrs. State of Maharashtra and others) on 23.02.2015 condoned the break between two services. Petitioner there was working in a college situated in Madhya Pradesh from 22.10.1982, and he left that service on 05.01.2001. He joined services in University at Amravati in State of Maharashtra on 08.01.2001. As per this judgment of this Court, his previous service rendered at Madhya Pradesh College is clubbed with, his later services with Amravati University.
7. We therefore, find that law on the point is well settled. The present petitioner is also entitled to have her qualifying services computed from 07.09.1977 till 31.07.2002.
8. Accordingly, we allow Civil Application ::: Uploaded on - 21/10/2016 ::: Downloaded on - 22/10/2016 01:10:23 ::: Judgment. wp1484.11 5 No.2147/2016 and make rule absolute in terms of prayer clause (ii) and (iii) of Writ Petition.
9. The provident fund contribution paid by the State of Madhya Pradesh shall be refunded to the State of Maharashtra by the petitioner within a period of eight weeks from today.
Thereafter, exercise of computing her entitlement to retiremental benefits on the basis of her qualifying services, as mentioned supra, shall be completed within a period of next three months. The amounts to which the petitioner is found entitled, shall be credited to her account within next two months.
10. Writ Petition is, thus partly allowed in aforesaid terms. No costs.
JUDGE JUDGE
Rgd.
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