St. Leelabai Wd/O Shri Motisaoji ... vs Municipal Council, Narkhed, ...
2021 Latest Caselaw 15463 Bom

                                            1                          wp758.21

        IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                          NAGPUR BENCH : NAGPUR


                     WRIT PETITION NO.758 OF 2021



St. Leelabai widow of Shri Motisaoji
Padole, aged about 80 years,
occupation : household, r/o Netaji
Ward No.13, Rangari Pura, Narkhed,
Tahsil Narkhed, District Nagpur.                           ...    Petitioner

       - Versus -

Municipal Council, Narkhed, Tahsil
Narkhed, District Nagpur, through
its Chief Officer.                                   ...         Respondent
                -----------------
Shri R.M. Tiwari, Advocate for petitioner.
Shri A. Shelat, Advocate for respondent.
                ----------------
                                CORAM : SUNIL B. SHUKRE AND
                                        ANIL L. PANSARE, JJ.

DATED : OCTOBER 27, 2021

ORAL JUDGMENT (PER SUNIL B. SHUKRE, J.) :

Heard Shri Tiwari, learned Counsel for the petitioner, and

Shri Shelat, learned Counsel for the respondent.

2) Rule, returnable forthwith. Heard finally by consent of the

learned Counsel for the parties.

                                       2                            wp758.21



3)     The issue involved in this petition is as to whether or not for

counting the pensionable service, the service rendered by the

petitioner as a daily wager for a temporary period of time should

also be taken into account and this question has been answered by

the learned Single Judge of this Court while deciding Writ Petition

No. 4265/2016 wherein judgment was delivered on 12/2/2019, a

copy of which is available on record of this case at page 29 and

onwards. The learned Single Judge by interpreting Rule 57 of the

Maharashtra Civil Services (Pension) Rules, 1982 read with Rule 30

thereof has found that as per Note I to Rule 57, the employees, who

are paid from contingencies and are subsequently brought on a

regular pensionable establishment by conversion of their posts, are

entitled to one-half of their previous continuous service to be

counted for pension.

4) The aforesaid finding has attained finality and there is no

dispute about it after dismissal of the special leave petition filed

before the Apex Court questioning the legality and correctness of the

said decision.

5) In our opinion, the view so taken should also govern the facts

of the present case and, therefore, we see no impediment in allowing

3 wp758.21

this petition. The petition is accordingly allowed and the respondent

is directed to pay pension to the petitioner in accordance with the

provisions contained in Rule 57 of the Maharashtra Civil Services

(Pension) Rules, 1982 together with all the arrears as early as

possible, preferably within a period of six months from today.

6) Rule is made absolute in the above terms. No costs.

           JUDGE                                               JUDGE




khj