Bombay High Court
Prafullakumar Prabhakar ... vs The State Of Mah And Ors on 6 October, 2017
Bench: R.M. Borde
(Judgment) (1) W.P. No. 00081 of 2013
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
AURANGABAD BENCH, AT AURANGABAD.
Writ Petition No. 00081 of 2013
District : Beed
Prafullakumar s/o. Prabhakar
Deshmukh,
Age : 34 years,
Occupation : Service,
R/o. Patoda, Taluka Patoda,
District Beed. .. Petitioner.
versus
1. The State of Maharashtra,
Through the Secretary,
Village Development and
Irrigation Department,
Mantralaya, Mumbai - 32.
2. The Chief Executive Officer,
Zilla Parishad, Ahmednagar.
3. The District Health Officer,
Zilla Parishad, Ahmednagar.
4. The Joint Director,
Health Services
(Maleria Elephantiasis and
Water bound diseases),
Pune, In front of
Vishrantwadi Police Station,
Yerwada, Pune - 411 006. .. Respondents.
...........
Mr. R.P. Dhase, Advocate, for the petitioner.
Mr. S.G. Karlekar, Asst. Government Pleader, for
respondent nos.01 and 04.
Mr. S.T. Shelke, Advocate, for respondent
nos.02 and 03.
...........
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(Judgment) (2) W.P. No. 00081 of 2013
CORAM : R.M. BORDE &
SMT. VIBHA KANKANWADI, JJ.
DATE : 06TH OCTOBER 2017
ORAL JUDGMENT [Per R.M. Borde, J.] :
01. The petitioner is objecting to the
communication dated 16.06.2012 issued by the Chief
Executive Officer, Zilla Parishad, Ahmednagar,
accepting resignation tendered by the petitioner with
effect from 08.09.2011 with retrospective effect.
02. The petitioner was functioning as a Multi-
purpose Health Worker at Ahmednagar. He appeared for
the selection process of Malaria Technician and was
issued a letter of appointment by the Zilla Parishad,
Beed, appointing him as a Malaria Technician. In
terms of letter of appointment, the petitioner was
required to join in Health Department within 08 days
from the date of issuance of letter of appointment.
The letter of appointment came to be issued on
02.09.2011. The petitioner with a view to join the
post of Malaria Technician, tendered his resignation
to the Zilla Parishad, Ahmednagar, on 08.09.2011.
Along with the letter of resignation, the petitioner
also tendered one month's pay and requested for
dispensing with the notice period. The petitioner
also made a request to relieve him with effect from
09.09.2011. The petitioner without waiting formal
communication or issuance of relieving order from
Zilla Parishad, Ahmednagar, proceeded to join in
(Judgment) (3) W.P. No. 00081 of 2013
Health Department as Malaria Technician and reported
at Beed. The petitioner thereafter moved an
application to the Chief Executive Officer, Zilla
Parishad, Ahmednagar, requesting for acceptance of
letter of resignation with effect from 08.09.2011.
The request made by the petitioner was accepted and
the letter of resignation tendered by the petitioner
on 08.09.2011 was accepted from the date of its
tender i.e. 08.09.2011 with retrospective effect.
03. The petitioner contends that, in fact, it
was not necessary for him to tender letter of
resignation and Zilla Parishad, Ahmednagar, simply
should have relieved him with a view to facilitate
him to join at Beed in Health Department as Malaria
Technician. The petitioner apprehends that as a
result of acceptance of letter of resignation, the
past service rendered by him in Zilla Parishad,
Ahmednagar, will not be considered for the purpose of
computation of pension.
04. The apprehension expressed by the petitioner
is misplaced. Since there is a policy decision taken
by the State Government on 06th February, 1990, where
under it has been prescribed that if a Zilla Parishad
employee accepts another post either with any other
Zilla Parishad or with the State Government with a
deemed prior permission from the competent authority,
the past service rendered by him shall be considered
for the purposes of pension for extending pensionary
benefits even though such employee tenders his
(Judgment) (4) W.P. No. 00081 of 2013
resignation of the earlier posting with the Zilla
Parishad.
05. In the instant matter, it does appear that
the petitioner sought permission from the Zilla
Parishad, Ahmednagar, before participating in the
process of selection for appointment to the post of
Malaria Technician in the State Government service.
The application was tendered by the petitioner
seeking employment to the State Government through
proper channel i.e. through Zilla Parishad,
Ahmednagar. The resignation that was tendered by the
petitioner in respect of his earlier employment has
also been accepted with retrospective effect from
08.09.2011.
06. Since the petitioner satisfies the condition
laid down in the Government Resolution dated 06th
February, 1990, he is entitled to claim pensionary
benefits on consideration of his past service with
Zilla Parishad, Ahmednagar. The respondents i.e. the
State and the present employer i.e. respondent no.04
are directed to take necessary entry in that regard
in the service record of the petitioner, entitling
the petitioner to claim pensionary benefits of his
earlier service with Zilla Parishad, Ahmednagar, for
the purposes of gaining pensionary benefits.
07. We do not find that there is any
inconsistency or illegality in accepting the letter
of resignation tendered by the petitioner with
(Judgment) (5) W.P. No. 00081 of 2013
retrospective effect from 08.09.2011 by the Chief
Executive Officer, Zilla Parishad, Ahmednagar.
08. In view of the above, the Writ Petition is
disposed of. Rule discharged. There shall be no
order as to costs.
( Smt. Vibha Kankanwadi ) ( R.M. Borde )
JUDGE JUDGE
...........
puranik / WP81.13
