Bombay High Court
Yogeshkumar S/O ... vs The State Of Maharashtra, Through ... on 31 January, 2023
Bench: A.S. Chandurkar, Vrushali V. Joshi
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CIVIL APPLICATION NO. 139 OF 2023
IN
CIVIL WRIT PETITION NO. 2769 OF 2019
AND
CIVIL WRIT PETITION NO. 2769 OF 2019
Yogeshkumar Vishweshar Prasad and ors. Vs. State of Maharashtra and ors.
AND
CIVIL APPLICATION NO. 140 OF 2023
IN
CIVIL WRIT PETITION NO. 2770 OF 2019
AND
CIVIL WRIT PETITION NO. 2770 OF 2019
Shivkumar Atmaram Meshram and anr Vs. State of Maharashtra and ors.
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Office notes, Office Memoranda of
Coram, appearances, Court's orders Court's or Judge's Orders.
or directions and Registrar's orders.
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Mr.M.P.Khajanchi, counsel for the petitioners.
Ms.N.P.Mehta, A.G.P for respondent Nos.1,2 and 5.
Mr.M.I.Dhatrak, counsel for respondent Nos.3 and 4.
CORAM : A.S.CHANDURKAR &
MRS.VRUSHALI V. JOSHI, JJ.
DATED : 31.01.2023.
1. By these applications, the petitioners seek
disposal of the writ petitions on the ground that the
issues raised in these writ petitions have been considered
and decided by this Court on 08/02/2022 in Writ
Petition No.3388 of 2020 (Bhaurao Maroti Pendhare Vs.
Municipal Council Warora).
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2. In Writ Petition No.2769 of 2018, petitioner No.l
discharged duties on daily wages from 22/05/1982 to
27/04/2018, petitioner No.2 from 19/12/1979 to
27/04/2018, petitioner No.3 from 26/11/1977 to
27/04/2018 and petitioner No.4 from 18/07/1982 to
27/04/2018 at the Municipal Council. In Writ Petition
No.2770 of 2019 the petitioner No.1 discharged duties
on daily wages from 21/07/1980 to 27/04/2018 and
petitioner No.2 from 04/05/1981 to 27/04/2018. Their
initial engagement was with Municipal Council Gondia.
It is not in dispute that the services of each petitioner
came to be regularised by an order passed by the
Collector on 27/04/2018. While, regularising the service
of about 18 daily wagers, the services of the petitioners
were also regularised. Each petitioner then made a
representation seeking grant of retirement benefits as
according to them they had rendered qualifying service
and were eligible to receive service benefits. Since the
Municipal Council did not take any further steps in the
matter, the present writ petitions were filed.
3. While admitting the writ petitions the first
prayer made in the writ petitions seeking benefit of
regularisation from 20/04/2001 instead of 27/04/2018
has been rejected. The only prayer that now survives is
for grant of pensionary benefits in the light of Rule 57 of
the Maharashtra Civil Services (Pension) Rules,1982(for
short Pension Rules).
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4. We have heard the learned counsel for the
parties. The petitioners seek to rely upon the decision in
Bhaurao Maroti Pendhare Vs. Municipal Council Warora
(supra) to urge that the services rendered on daily wages
to the extent of 50% period can be considered for
determining the qualifying period of service rendered.
This was permissible under Rule 57 of the Pension Rules.
The said issue has been considered in the aforesaid
decision and after referring to the earlier judgment of the
Division Bench in the matter of Jagjeevan Jaikumar
Sanghai (D) through Lrs. Vs. Parbhani Municipal
Corporation and ors. in Writ Petition No. 933 of 2012
reported in 2018 (5) ALL MR 550, it has been held that
half of the service rendered on daily wages can be taken
into consideration for determining the qualifying service.
5. The facts on record indicate that the services of
each petitioner have been regularised on 27.04.2018.
For that matter and for the reasons contained in the
judgment in Bhaurao Maroti Pendhare Vs. Municipal
Council Warora (supra), we find that the petitioners
would be entitled to similar relief.
6. Accordingly, it is held that each petitioner is
entitled to claim pensionary benefits in accordance with
Rule 57 of the Pension Rules by considering half of the
period of the service rendered on daily wages. If that
period qualifies as service necessary to receive
pensionary benefits, the Municipal Council shall take
necessary steps to release the same in that regard. The
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Municipal Council shall take all necessary steps in that
regard and pay each eligible petitioner pensionary
benefits within a period of six months from today.
7. Civil applications are allowed. The writ
petitions are also allowed in the aforesaid terms. Rule is
made absolute with no orders as to costs.
JUDGE JUDGE
Signed By:KAVITA PRAVIN
TAYADE
P. A.
Signing Date:02.02.2023 14:41
Kavita
