LAWS(BOM)-2004-8-24

STATE OF MAHARASHTRA Vs. G B AGASKAR

Decided On August 03, 2004
STATE OF MAHARASHTRA Appellant
V/S
G.B.AGASKAR Respondents

JUDGEMENT

(1.) BY this petition the State of Maharashtra as the petitioner has challenged the order passed by Maharashtra administrative Tribunal allowing the Original Application filed by respondent granting him certain pensionary benefits which according to the State is against the law and hence the petition.

(2.) THE petitioner retired from service of the Government of Maharashtra as Superintending Engineer in the year 1976 and was given all pensionary benefits as per the rules existing on the date of his retirement. This period was computed as per those rules providing for computation of pensionable period. This aspect of his case is undisputed.

(3.) INITIALLY the conditions of service of the employees of government of Maharashtra were governed by the Bombay Civil services Rules which contained various chapters including a chapter of pensions. It was under those rules of the Bombay civil Service Rules that the pension of the petitioner was fixed in the year 1976.