Bombay High Court
Dr. (Mrs.) Nandini W/O Santosh ... vs State Of Maharashtra, Through Its ... on 21 October, 2016
Bench: B.P. Dharmadhikari
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.
--------------------------
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.
--------------------------
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
Judgment. wp1484.11
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
Judgment. wp1484.11
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
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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.
