BHIMRAO TRIMBAKRAO MUNDE Vs. MARATHWADA AGRICULTURAL UNIVERSITY, PARBHANI

JUDGEMENT

(1.) Rule. Rule returnable forthwith, by consent. The Petition has been filed by a retired employee of the Respondent no.1-University for payment of his pension in accordance with the Maharashtra Civil Services (Pension) Rules, 1982 (hereinafter referred to as "the Pension Rules").

(2.) The brief facts giving rise to the present Petition are as follows : The petitioner joined the services as a Medical Officer on 15th February, 1979 with the University. Though the appointment of the petitioner was on a temporary basis, he was continued in service every year with a technical break up to the year 1992. In June, 1992, the petitioner was not continued in service. He was replaced by a temporary employee. He, therefore, preferred Writ Petition No.1352 of 1992, challenging that order. Due to the interim relief granted by this Court, the petitioner continued in service on the same terms and conditions. The Writ Petition was finally heard on 14th September, 2004. The Division Bench of this Court has directed as follows :

(3.) During the pendency of the aforesaid Writ Petition, the petitioner retired with effect from 31st October, 2000 on attaining the age of superannuation. An order was passed on 1st January, 2005 by the University regularizing the services of the petitioner as a Lecturer in Public Health from 16th June, 1992. The University further directed that the period of absence from 9th February, 2000 to 7th June, 2000, during which the petitioner was not permitted to join duty by the Principal, GTC, Parbhani as a Lecturer in Public Health, be regularised. This was to be effected by granting him leave due and admissible to him along with extra ordinary leave if any with effect from 16.06.1992 onwards to the date of his retirement. Intermittent breaks of adhoc service were also to be regularised in this manner. Thus, the petitioner's service from 16th June, 1992 to 31st October, 2000 has indisputably been regularised. According to the petitioner, although he is entitled to pension payable in accordance with the Pension Rules, he has not been paid any amount on the ground that he had not completed the qualifying service for being eligible for drawing pension. Hence, the present Petition.