STATE OF MAHARASHTRA Vs. M G DINGANKAR

JUDGEMENT

(1.) The State of Maharashtra has challenged in this writ petition filed under Article 227 of the Constitution of India judgment and order dated 23/11/04 delivered by the Maharashtra Administrative Tribunal ("the Tribunal" for short) in Original Application No. 759 of 2003. We must begin with the gist of the facts.

(2.) The respondent was appointed as Electrician Instructor in the Government of Maharashtra in December, 1959. He submitted his resignation on 30/10/74 with a month s notice while he was working as a Group Instructor. The said resignation was accepted. According to the respondent he had preferred a representation to the Government of Maharashtra requesting that his case be considered for pension. However, the representation was not favourably considered. The respondent contends that though he had resigned he has to be treated as having been retired from service. His case is that he had served on a substantive post with the Government for 15 years and as per provisions of the Bombay Civil Services Rules, 1959 ("BCS Rules" for short) and as per the Maharashtra Civil Service (Pension) Rules, 1982 ("MCS Rules" for short) he is entitled to some kind of pension. On this basis the respondent filed original application praying that a suitable direction be given to the Government of Maharashtra to grant him pension. The petitioners contested the application. The petitioners filed their affidavit-in-reply. The petitioners contended that the respondent had voluntarily resigned and hence he was not eligible for grant of pension.

(3.) The Tribunal by the impugned order directed the State Government to consider the case of the respondent under Rule 23 of the MCS Rules and grant the respondent pension in accordance with the said rules within three months from the date of the order.