RAMSIYA PATEL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) INTER alia contending that the service of the petitioner for the purpose of determining the qualifying service should be calculated w.e.f 8.2.1979 and not w.e.f. 1.8.1981 as done, petitioner has filed this writ petition.

(2.) PETITIONER was working as a Veterinary Surgeon in Divisional Veterinary Hospital, Rewa. According to the petitioner, vide order dated 30.11.1978, he was appointed to the said post and he joined on the said post on 8.2.1979, thereafter, he underwent selection process undertaken by the Public Service Commission and was appointed substantially on the post on 1.8.1981. It is the case of the petitioner that as he was initially appointed w.e.f 8.2.1979 and continued to work on the said post without any break, therefore, for the purpose of granting pensionary benefits, he should be treated to be duly appointed on 8.2.1979. Placing reliance on the definition of qualifying service as contained in the M.P. Civil Services (Pension) Rules, 1976 and the provisions of Rule 12 thereof, Shri Sanjay K. Agrawal, learned counsel for the petitioner argued that the petitioner's qualifying service for calculating post retiral benefits should be calculated w.e.f. 8.2.1979 and not w.e.f. 1.8.1981 as done by the respondents. Accordingly, claiming the aforesaid benefit, this writ petition has been filed. Respondents have filed the reply and it is pointed out by them that the petitioner was initially appointed w.e.f. 8.2.1979 only on a temporary arrangement, his initial appointment with effect from the said date was not in accordance with recruitment rule. The petitioner was appointed after being duly selected by the Public Service Commission w.e.f. 1.8.1981 as per the statutory rules and, therefore, his services for calculating benefits of qualifying service have to be counted w.e.f. 1.8.1981 only and in doing so, it is stated that the respondents have not committed any error. That apart placing reliance on a judgment rendered by this Court on 26.4.2004 in W.P.No.5100/2003, granting regular service benefit and seniority to the petitioner w.e.f. 1.8.1981, respondents contained that the petitioner now in view of the order passed by this Court as is indicated hereinabove, cannot claim any benefit of service rendered prior to 1.8.1981.

(3.) THE petitioner himself claimed for regular appointment w.e.f. 1.8.1981 when he was regularized in the year 1987 and prior to 1.8.1981, petitioner very well knew that he was not entitled to benefits of regular service prior to 1.8.1981. Accordingly, as the petitioner is granted seniority and all other consequential benefits of regular service only w.e.f. 1.8.1981 by virtue of the order passed by this Court, now contrary to the same, no further benefit or relief can be granted to the petitioner.