Bombay High Court
Aminabee Ishaque And Anr vs Associate Dean College Of ... on 21 June, 2016
Bench: S.S. Shinde
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 2592 OF 2001
1. Aminabee Ishaque
age : 87 years, Occ.:Household,
R/o.: C/o. Mohd. Noor Abdul Hamid,
Iqbal Nagar, Parbhani.
2. Imtiyazbee Vazir,
since deceased through is L.R's.
Shaikh Vazir Shaikh Maboob,
age : 56 years, Occu.: Business,
r/o. Pakiza Mohalla,
Parbhani.
ig .. PETITIONERS
VERSUS
1. The Associate Dean,
College of Agriculture,
Parbhani.
2. The Registrar,
Marathwada Agricultural University,
Parbhani.
3. The Registrar,
Punjabrao Krishi Vidyapeeth,
Akola.
4. The Accountant General (A & E) II,
Maharashtra State,
Nagpur.
5. The State of Maharashtra, .. RESPONDENTS
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--
Mrs. Kalpalata Patil-Bharswadkar, Advocate for
petitioners
Mr. A.B. Deshmukh,AGP for respondent nos.4 and 5
--
CORAM : S.S. SHINDE AND
SANGITRAO S. PATIL, JJ.
RESERVED ON : JUNE 06, 2016
PRONOUNCED ON : JUNE 21, 2016
JUDGMENT (Per Sangitrao S. Patil, J.) :
Heard.
2] Petitioner no.1 and the legal heir of deceased
petitioner no.2 have sought directions to the
respondents for grant of pensionery benefits by
filing this Writ Petition under Article 226 read
with Articles 14 and 21 of the Constitution of
India.
3] Undisputedly, the petitioners were initially
working as Grade-II Mazdoors with Punjabrao
Agricultural University, Akola. Their services
were assigned to the Government College of
Agriculture at Parbhani since 01.07.1962 and
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16.08.1962, respectively, in regular temporary
establishment in Class-IV cadre. They retired on
attaining the age of superannuation i.e. 60 years
in the year 1973. They claimed pensionary
benefits, but the same were rejected by respondent
no.2 - Marathwada Agricultural University on the
ground that they were temporary employees who had
not exercised the option for permanent absorption
with Marathwada Agricultural University, Parbhani,
they were not confirmed and thus, remained to be
the temporary employees of Punjabrao Agricultural
College, Akola.
4] The learned Counsel for the petitioners
submits that the petitioners had completed
qualifying service of more than 10 years and,
therefore, they were entitled to get pensionery
benefits vide Rule 11.13(ii) of the Punjabrao
Agricultural University Service Rules, 1971 (for
short, "Rules"). She, therefore, prays that the
impugned communication rejecting the claim of the
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petitioners for grant of pensionary benefits, may
be quashed and set aside and the respondents may
be directed to give pensionary benefits to the
petitioners, as permissible under the Rules.
5] On the other hand, the learned AGP appearing
for respondent nos.4 and 5 submits that the
petitioners had not exercised the option for being
absorbed on the establishment of Marathwada
Agricultural University, Parbhani. Therefore, they
continued to be the temporary employees of
Punjabrao Agriculture University, Akola. They were
never confirmed/regularised. Therefore, in view
of Rule 11.24 of the Rules, they were not entitled
to get pensionary benefits. He, therefore,
submits that the petition may be dismissed.
6] Respondent nos.1 and 2 as well as respondent
no.3 filed affidavit-in-reply and opposed the
claim of the petitioners. According to them, the
services of the petitioners were temporary in
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nature. After establishment of the Marathwada
Agricultural University, Parbhani, the petitioners
never exercised their option for being absorbed on
the establishment of the said University till the
respective dates of their retirement. Therefore,
they remained in service of respondent no.3 -
Punjabrao Agricultural University, Akola. Since
their services were not confirmed/regularised at
any point of time, they were not entitled to get
pension as per Rule 11.24 of the Rules. Therefore,
their claim for pensionary benefits were rightly
rejected. On these grounds, they prayed for
dismissal of the petition.
7] As seen from the order passed by the
Principal, Government College of Agriculture,
Parbhani, in the month of March, 1965 (Exhibit A)
produced by the petitioners, the petitioners were
appointed as Grade II Mazdoors in regular
temporary establishment in Class-IV cadre with
effect from 01.07.1962 and 16.08.1962,
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respectively. The said order specifically contains
that the appointments of the petitioners were
purely temporary and they were likely to be
terminated at any time without any notice or
assigning any reasons. Undisputedly, the
petitioners who were originally appointed on the
establishment of Punjabrao Agricultural
University, Akola, did not exercise option for
being absorbed on the establishment of Marathwada
Agricultural University, Parbhani. Their services
were never regularised. Therefore, they remained
to be the temporary employees of Punjabrao
Agricultural University, Akola. From the contents
of paragraph 8 of the petition wherein, the
petitioners have claimed pensionary benefits under
Rule 11.13(ii) Appendix "B" of the Rules, it is
clear that, the petitioners were governed by Rule
of 1971 when they got retired. As per Rule 11.23,
an employee holding a temporary post was not
entitled to get the pensionary benefits. If that
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be so, the provisions of Rule 11.13(ii), which
pertain to fixation of the amount of pension,
would not be helpful to the petitioners to claim
pensionary benefits. Since the services of the
petitioners were temporary and were not
regularised, they were not entitled to claim
pensionary benefits. Accordingly, their claims
for pensionary benefits were rightly rejected by
respondent nos.1 to 4.
8] The petition is devoid of any substance. It
is liable to be dismissed.
9] In the light of the above, we pass following
order :-
(i) The Writ Petition is dismissed.
(ii) No costs.
[SANGITRAO S. PATIL, J.] [S.S. SHINDE, J.]
kbp
