LAWS(BOM)-2002-10-117

DATTATRAYA RAMCHANDRA PHADNIS Vs. STATE OF MAHARASHTRA

Decided On October 18, 2002
DATTATRAYA RAMCHANDRA PHADNIS Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) THE grievance raised in this petition is twofold namely (1) counting of pensionary service from 31. 7. 1957 instead of 1. 6. 1959 and (2) non-payment of gratuity amount though sanctioned.

(2.) THE petitioner came to be appointed as village level Worker by order dated 28. 7. 1957 and was posted for the first time at Kalamnuri in Parbhani district. He was a government servant under the Divisional Commissioner, aurangabad and on the formation of the Zilla Parishads with effect from 1. 5. 1962 he was allocated to the Zilla Parishad service and subsequently absorbed in the said service. On reaching the age of superannuation i. e. 58 years he retired on 30. 9. 1988 while he was holding the post of Block Development Officer (Class II ).

(3.) INITIALLY the petitioner was absorbed in the Aurangabad Zilla Parishad service and on formation of Jalna as a separate district he was transferred to the Jalna Zilla Parishad and he held the post of Block Development Officer for about 5 years before he retired on superannuation. His pension papers were submitted by the Chief Executive Officer, Zilla Parishad, Jalna, with the covering letter dated 29. 9. 1988 to the Respondent no. 4 Accountant General-II, maharashtra State at Nagpur. In the said pension papers, the petitioner's service information was also furnished in Form No. VI as per Rules 120 and 122 ( 1)and (3) of the Maharashtra Civil Services (Pension) Rules, 1982 (for short, hereinafter referred to as the "pension Rules" ). The Zilla Parishad had shown his date of joining as 31. 7. 1957 and the date of retirement as 30. 9. 1988 in the pension papers submitted to the office of respondent no. 4. However, on receiving the pension papers, Accountant General's office addressed a letter to the Chief Executive Officer, Zilla Parishad, Jalna, on 16. 11. 1988 informing that the case of the petitioner was finalised for pensionary benefits as per government Resolution dated 18th August, 1987 and his service for the same was counted from 1. 6. 1959 and not from 31. 7. 1957 as the post of village level worker became pensionable only from 1. 6. 1959. The endorsement in the said letter reads thus :-