KARBHARI MAROTIRAO LAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE order dated 10. 11. 1994/26. 12. 1994 passed by the Agriculture Development Officer, Zilla Parishad, Beed and the letter dated 23rd December, 1994, addressed by the Chief Executive Officer, zilla Parishad, Deed, to the Accountant General, Maharashtra State, Nagpur, have been assailed in this petition filed under Article 226 of the Constitution.

(2.) THE petitioner was initially appointed under the Agriculture School at Ambajogai as an employee of the Zilla Parishad, Beed, and he worked on the said establishment from 22. 08,1973 to 28. 01. 1975. He was deputed to the State Bank of Hyderabad branch at Beed for the period from 05. 01. 1974 to 10. 01. 1975. The Agriculture School at Ambajogai was detached from the Zilla Parishad and came to be attached to the Marathwada agriculture University at Parbhani and, therefore, the petitioner was allotted to the Zilla Parishad service.

(3.) FROM 29. 1. 1975 to 3. 12. 1979 he proceeded on extraordinary leave and by order 1. 12. 1979, he came to be allotted to the Panchayat Samiti at ashti where he resumed his duty on 4. 12. 1979. On 21. 5. 1982, the Agriculture officer, Zilla Parishad, Beed, passed an order and regularised the extraordinary leave for the period with effect from 29. 1. 1975 to 3. 12. 1979 and his pay fixation was accordingly done. He retired on reaching the age of superannuation from the employment of the Zilla Parishad on 31. 12. 1993. He was sanctioned provisional pension by the Chief Executive Officer by order dated 4. 1. 1994 for the period from 1. 1. 1994 to 30. 6. 1994. He received an amount of Rs. 40,837/- and his provisional pension came to be fixed at Rs. 1368/per month. His pension papers were also forwarded to the Accountant General, Maharashtra State-II, Nagpur, by the Zilla Parishad on 14. 1. 1994. By communication dated 19. 4. 1994, the Senior Accounts officer from the Accountant General's officer, addressed a letter to the Chief Executive Officer, Zilla Parishad, Beed, pointing out that the period of extraordinary leave from 29. 1. 1975 to 3. 12. 1979 did not count for earning the increments and, therefore, it was not known as how the periodical increments were released for the said period. It was further informed that if the period was to be treated as extraordinary leave other than the Medical ground, then the grant of pay and allowances was required to be re-worked for the period from 29. 1. 1975 to 31. 12. 1993 and statement of excess payment was required to be furnished alongwith the pension case papers.