Bombay High Court
Tilotima Sadanand Nande vs The State Of Maharashtra And ... on 25 February, 2016
Bench: R.M. Borde
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.2256 OF 2016
Tilotima D/o Sadanand Nande,
Age-60 years, Occu:Retired,
R/o-Behind Pushkar Hospital,
Kali Kurti, New Jalna,
Tq. & Dist-Jalna.
...PETITIONER
VERSUS
1) The State of Maharashtra,
Tribal Development Department,
Through its Secretary,
Mantralaya, Mumbai-32,
2) The Scheduled Tribe Certificate,
Scrutiny Committee, Aurangabad,
Through its Deputy Director/Member,
3) The Tahsildar/ Executive Magistrate,
Aurangabad, Tq. & Dist-Aurangabad,
4) The Chief Executive Officer,
Zilla Parishad, Jalna,
Tq. & Dist-Jalna,
5) The Education Officer (Primary),
Zilla Parishad, Jalna,
Tq. & Dist-Jalna,
6) The Block Development Officer,
Panchayat Samiti, Badnapur,
Tq. Badnapur, Dist-Jalna.
...RESPONDENTS
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...
Mr.Pratap V. Jadhavar Advocate for Petitioner.
Mr.S.B. Pulkundwar, A.G.P. for Respondent
Nos. 1 to 3.
Mr. S.S. Tope Advocate for Respondent
Nos. 4 to 6.
...
CORAM: R.M. BORDE AND
A.I.S. CHEEMA, JJ.
DATE : 25TH FEBRUARY, 2016
ORAL JUDGMENT [PER R.M. BORDE, J.] :
1. Leave to add Accountant General, Nagpur,
as party Respondent. The learned A.G.P. appears
for Respondent Nos.1 to 3 and added Respondent.
Mr. Tope, learned counsel appears for Respondent
Nos. 4 to 6.
2. Heard. Rule. Rule made returnable
forthwith. With the consent of learned counsel for
the parties, the Petition is taken up for final
disposal at admissions stage.
3. The Petitioner in this Petition, is
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making grievance in respect of failure of
Respondent Nos. 4 to 6 in processing the pension
proposal of the Petitioner and forwarding the same
to the Accountant General, Nagpur for
consideration, merely on the ground that the
Petitioner has failed to submit validation
certificate.
4.
The Petitioner was inducted in employment
of Zilla Parishad in the year 1986 and has
retired, on attaining the age of superannuation,
on 30th June 2014. The Petitioner claims to belong
to "Mannerwarlu" Scheduled Tribe category and she
was appointed as against the seat earmarked for
Scheduled Tribe category. The Scrutiny Committee
by its order dated 17th July 2014, invalidated the
caste certificate issued in favour of the
Petitioner. The order passed by Scrutiny Committee
was challenged in Writ Petition No.8828 of 2014
before this Court and Division Bench of this Court
has allowed the Petition by order dated 29.09.2014
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and quashed the order of Scrutiny Committee and
remitted the matter back to Committee for
reconsideration.
5. The reason quoted in communication dated
16th April 2015 is that since the Petitioner has
failed to submit validation certificate her
pension proposal has not been scrutinized, is
illegal and devoid of any logic. If a person has
served for required number of years with the
employer, he/she is entitled to claim the pension
and the pensionery benefits, and it shall be
treated to have been earned by him/her by virtue
of the service rendered for required number of
years. Pensionery benefits cannot be with-held for
such illogical reasons. It is also a policy of the
State Government to accord protection to the
employees who were inducted in employment prior to
2000, even if they fail to tender validation
certificate or their caste certificates are found
to have been invalidated by the Scrutiny
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Committee. If an employee can be extended
protection in employment, it is not understood why
the person shall be deprived of the pensionery
benefits, who was appointed way back in the year
1986 and has retired on attaining the age of
superannuation.
6. For the reasons recorded above, Writ
Petition deserves to be allowed and the same is
accordingly allowed.
7. Respondent Nos.4 to 6 are directed to
process the proposal of the Petitioner for grant
of pension and forward the same to the Accountant
General, Nagpur, in observance of the procedure
prescribed in that behalf, as expeditiously as
possible, and preferably within period of TWO
MONTHS from today, without insisting for
submission of validation certificate.
8. The Accountant General, Nagpur shall,
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after receipt of the proposal, scrutinize the same
and accord approval as expeditiously as possible,
preferably within period of SIX MONTHS from the
date of receipt of proposal, and claim for pension
shall not be refused on the ground of failure of
Petitioner to submit validation certificate. On
receiving approval from Accountant General,
Nagpur, the Zilla Parishad, Jalna shall release
the pensionery benefits to the Petitioner within
period of ONE MONTHS from the date of such
approval.
9. Rule is accordingly made absolute in
above terms. There shall be no order as to costs.
[A.I.S. CHEEMA, J.] [R.M. BORDE, J.]
asb/FEB16
