CAPT. DINESH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this petition, the petitioner challenges the order of the Maharashtra Administrative Tribunal, dated 9.9.2014, dismissing the original application filed by the petitioner.

(2.) The petitioner was appointed in the services of Army as a Short Service Commissioned Officer and worked in the said capacity in the said services till 29.1979. After the discharge from Army services, he applied for the post of Secretary, Zilla Sainik Welfare Board as the Maharashtra Public Service Commissioner had advertised the said post on 28.1.1983. The petitioner was selected for the said post and was actually appointed on the same on 30.6.1983. While working as a Secretary, Zilla Sainik Welfare Board, he got early increments for completing nine years of service in the Army. A representation was made by the petitioner to the higher authorities for condoning the break in service between 29.1979, when he was discharged from the Army services till 30.6.1983, when he was appointed as the Secretary of Zilla Sainik Welfare Board. The application of the petitioner was rejected and it was informed that the break in service could not be condoned. The petitioner challenged the said decision before the Maharashtra Administrative Tribunal. The Maharashtra Administrative Tribunal rejected the original application filed by the petitioner.

(3.) On hearing the learned Assistant Government Pleader for the respondents and after perusing the petition and the impugned order, it appears that there is no scope for interference with the impugned order, in exercise of the writ jurisdiction. There was a break in the services of the petitioner for more than three years, inasmuch as he had worked in the Army till 29.9.1979 and he was appointed as a Secretary of Zilla Sainik Welfare Board on 30.6.198 Under Rule 40 of the Maharashtra Civil Services (Pension) Rules, 1982, the break in service could be condoned after recording special reasons, if the break in service is more than one year and less than three years. The Tribunal rightly held that apart from the said rule, the Maharashtra Released Defence Service Personnel (Fixation of Pay and Seniority) Rules, 1974 apply to the case of the petitioner and as per Rule 9 of the Rules, the break in service between the military service and civil service could be condoned, if the break does not exceed one year and under special orders of the State Government the break could be condoned, if it does not exceed more than three years. As per Rules 40 and 41 of the Maharashtra Civil Services (Pension) Rules, 1982 as well as the Rules of 1974, which would govern the case of the petitioner, there is no power or authority even in the State Government to condone the break in service, if the break is of more than three years. Admittedly, in this case, the petitioner had worked in the Army till 22.9.1979 and was appointed as a Secretary of Zilla Sainik Welfare Board on 30.6.198 This clearly showed that the break was of more than three years. Between the intervening period the petitioner had worked with a private Company, namely, Central Pulp Mills, Songad (Gujarat). The Tribunal found and rightly so that the case of the petitioner and the case of Captain Purohit on which great reliance was placed by the petitioner for seeking the relief was not identical. In the case of Captain Purohit immediately after he was discharged from Army he was selected by the M.P.S.C. for the civil post and due to the fault on the part of the Government, the appointment order came to be issued in favour of Captain Purohit a little later. In the peculiar set of facts in the case of Captain Purohit, the break was condoned. However, in the instant case, since the break could not have been condoned in view of Rule 40 of the Maharashtra Civil Services (Pension) Rules and Rule 9 of the Rules of 1974, the Tribunal rightly held that there was no fault on the part of the State Government in not condoning the break in the services of the petitioner. The order appears to be just and proper and calls for no interference.