MADHUKAR PRALHADRAO PATHAK Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) RULE returnable forthwith. Heard both sides for disposal. No reply is filed in spite of the order dated 14-12-98. By this petition, the petitioner is praying for restoration of one-third pension after 15 years of his absorption in Maharashtra Industrial Development Corporation in view of the Maharashtra Civil Services (Pension) Rules, 1982.

(2.) THE petitioner entered the service on 7-7-47 in the Revenue Department of the State Government. He worked in the Department upto 24-6-67. At that stage the State Government took the decision to establish Maharashtra Industrial Development Corporation and some of the officers working under the State Government were to be deputed. The petitioner was accordingly deputed on 24-6-67. He came to be absorbed permanently in Maharashtra Industrial Development Corporation Service on 19-5-72 as per the Government Resolution of the even date. The said Government Resolution provided that retirement benefits admissible under the concerned Government Resolution should be sanctioned to the petitioner. Accordingly orders of payment of commuted value of pension under letter dated 5-3-81 was issued. The petitioner was accordingly paid i. e. gratuity and lumpsum in lieu of pension as per the table obtained on the date of superannuation as per his option. After 15 years of his absorption, the petitioner first made a representation on 29-5-97 for restoration of commuted pension. Such representations were made from time to time. However, on one pretext or the other, the same was not granted to the petitioner. The decision was postponed by the State Government. This decision was postponed by the State Government on one ground or the other. There is no dispute regarding the facts.

(3.) THE learned Counsel for the petitioner has pointed out Rule 67 of the Maharashtra Civil Services (Pension) Rules, 1982. The relevant part thereof reads as under :