BALIRAM RAMCHANDRA MAJGAONKAR Vs. DISTRICT AND SESSIONS JUDGE

JUDGEMENT

(1.) BALIRAM Ramchandra Majgaonkar petitioner joined his service as junior clerk in the District Court, Solapur in the year 1967. He was promoted to the post of senior clerk in the year 1985. The petitioner was charged of having misappropriated an amount of Rs. 30135. 60 ps. during the period from 1-3-1986 to 31-5-1988. The charge was indeed serious and accordingly he was suspended pending departmental proceedings. Disciplinary proceedings were completed and ultimately the petitioner was found guilty of having misappropriated the amount of Rs. 30,315/ -. In other words, the charge of misconduct relating to misappropriation of Government money to the tune of Rs. 30,315/- was found proved. Despite the gravity of charge, by order dated 17-11-1990, the petitioner was awarded punishment of compulsory retirement only. The petitioner appears to have claimed for compassionate pension under the Maharashtra Civil Services (Pension) Rules, 1982 (for short, "rules of 1982" ). His claim was rejected which has given rise to the present writ petition.

(2.) MR. Malpathak, learned Counsel for the petitioner, strenuously submitted that the petitioner is entitled to compassionate pension under Rule 100 of Rules of 1982 which provides for compulsory retirement pension. He submits that Rule 101 (1) has no application and, therefore, claim of compassionate pension made by the petitioner has been wrongly rejected which needs to be corrected by this Court in extraordinary jurisdiction under Article 226 of the Constitution of India.

(3.) WE considered the submissions of the learned Counsel for the petitioner thoughtfully and we may observe immediately that the contention is wholly misconceived, misplaced, fallacious and without any substance which we shall indicate hereinafter.