SHAIKH MOHAMMAD YOUNUS Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Petitioner seeks setting aside of order dtd. 17/1/2013 issued by Respondent No.3 whereby the request of the Petitioner for grant of pension is rejected on the ground that he has not completed eligible period to be entitled for pensionary benefits.

(2.) It is the case of the Petitioner that he was appointed as Muster Assistant in the office of Public Works Department, Sub-Division, Ausa on 13/12/1983. He worked on the said post from December, 1983 to April, 1987 and thereafter from May 1987 to April 1989 on the pay scale of Rs.400.00 and thereafter up to April 1992 on pay scale of Rs.500.00. According to him, as per the Government Resolution dtd. 6/5/1992 he has been paid the scale of Rs.750.00940. As per the government resolution dtd. 25/6/2004 and order passed by this court in writ petition nos. 954 of 1990, 4 of 2000 and 83 of 2003 direction was issued not to fill up any post by appointment till absorption of the muster assistant, the Divisional Commissioner, Aurangabad has absorbed and appointed 665 muster assistant in the post of Adhisankhya (Supernumerary) as Muster Assistant on pay scale of Rs.3050.0075-3950- 80-4590 vide order dtd. 30/7/2004. The Petitioner worked in the said post till 31/5/2005 i.e. the date on which he attained age of superannuation The Petitioner raised claim for pension which was not entertained initially. Since the proposal of the petitioner of pension was not decided Petition came to be filed. During the pendency of the Petition impugned order dtd. 17/1/2013 came be passed rejecting his claim for pension on the ground that he has not completed eligible service of 10 years.

(3.) Respondent Nos. 3 and 4 filed affidavit-in-reply of Malikarjun s/o MadappaKodgi, Sub-Divisional Engineer contending that the Petitioner was working as Muster Assistant on consolidated pay and his salary was paid through District Collector from Employment Guarantee Scheme (EGS) and hence the services of the Petitioner was not as a regular government servant, but it was from EGS. It is further claimed that Divisional Commissioner, Aurangabad vide letter dtd. 30/7/2004 has regularized the services of Muster Assistant and Maharashtra Civil Services Rules were made applicable to them. In the said letter it was clarified that all the persons will remain as Muster Assistant till their absorption and the present Petitioner retired prior to his absorption in the service.