V S MALSHETTY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE petitioner retired as a Judge of the City Civil Court, Bombay on 30th of September 1989.

(2.) THE petitioner was appointed as Police Prosecutor in April 1967. On 21st April, 1970 he was appointed as Civil Judge, Junior Division. On the date of his appointment, the age of the petitioner was 38 years and 6 months. On his retirement, his services which have been taken into account for the purposes of pension and other retirement benefits is for the entire period from the date when he was appointed Police Prosecutor until the date of his retirement. It is the contention of the petitioner that under Rule 53 (1) of the Maharashtra Civil Services (Pension) Rules, 1982 Government servants whose whole pensionable service has been rendered in one or the other of the posts of service mentioned below and whose qualifying service for pension is not less than 10 years, may add to their service qualifying for Superannuation Pension, the number of years by which their age on appointment exceeded 25 years, subject to a maximum addition of 5 years in respect of posts at Sr. Nos.

(3.) THE short question which we have to consider is whether the petitioner can be considered as a Civil Judge, Junior Division, who was directly recruited from the Bar. The petitioner was a Police Prosecutor before he was appointed as a Civil Judge, Junior Division. Under the Bombay Judicial Service Recruitment Rules, 1956 Rule 4 (4) (i) provides that appointments to the posts of Civil Judges (Junior Division) and Judicial Magistrates of the First Class shall be made