AMBRUSHI SHRIRANG CHAVAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Present petition has been fled invoking constitutional powers of this Court under Article 226 of the Constitution of India to direct the respondents by issuing appropriate writ to pay Leave Salary in respect of Earned Leave at the credit of the petitioners at the time of their retirement on superannuation as provided under Rule 68 of Maharashtra Civil Services (Leave) Rules, 1981.

(2.) It is not in dispute that, the petitioners are the retired pensioner employees of respondent No.2 - Zilla Parishad. The petitioners have not been granted encashment of the Leave as provided under Maharashtra Civil Services (Leave) Rules though pension is granted to them. All the petitioners were initially appointed on daily wage basis and they were subsequently brought under regular temporary establishment. Thereafter, by passage of time, they were on regular permanent establishment of the respondents No.2 and 3 - Zilla Parishad. The petitioners were working under Rural Water Supply Division and the salaries were paid from the own funds of Zilla Parishad, Osmanabad. Petitioners No.1 to 6 were working as mechanics whereas petitioners No.7 to 9 were working as electricians, petitioner No.10 was driver and petitioners No.11 to 15 worked as helpers in Water Supply Division, whereas petitioner No.16 is the widow of late Bharat Nivrutti Mehtre who was working as helper.

(3.) The petitioners have contended that, the respondent No.1 issued circulars and instructions from time to time in respect of service conditions of the mechanics, electricians, drivers and helpers working under Rural Water Supply Scheme run by the Zilla Parishads. According to the petitioners the various Government Resolutions would make it clear that, the responsibility of the payment of salary and pension as well as pensionary benefts of the employees of the Zilla Parishad, is with the respondents No.2 and 3 - Zilla Parishad. According to the petitioners, the provisions of Maharashtra Civil Services (Pension) Rules 1982 and Maharashtra Civil Services (Leave) Rules 1981, are applicable to the employees under the Zilla Parishads. All the petitioners have retired by superannuation, and therefore, in view of Rule 68 of the Maharashtra Civil Services (Leave) Rules 1981, they are entitled to get encashment of the leave which was to their respective credit. When the said beneft was not allowed to the petitioners, some of the petitioners had approached to the learned Ombudsman (Lokayukta) and Deputy Ombudsman (UpaLokayukta), whereupon necessary directions were given by Deputy Ombudsman (Upa-Lokayukta) on 24-03-2017. Those directions have not been implemented and hence the present petition has been fled.