MADHUKAR versus STATE OF MAHARASHTRA AND ORS.

Citation: [2014] 4 S.C.R. 832 · Decided: 11-04-2014 · Supreme Court of India · Bench: S. J. MUKHOPADHAYA · Disposal: Appeal(s) allowed

Judgment (excerpt)

A 
B 
[2014] 4 S.C.R. 832 
MADHUKAR 
v. 
STATE OF MAHARASHTRA AND ORS. 
(Civil Appeal No. 4470 of 2014) 
APRIL 11, 2014 
[SUDHANSU JYOTI MUKHOPADHAYA AND 
KURIAN JOSEPH, JJ.] 
Maharashtra Civil Services (Pension) Rules, 1982: 
C rr.46(4), 48(3) - Pension - Fixation of - Qualifying period -
Calculation of - As per the Resolution dated 11. 3. 1992 issued 
by Government of Maharashtra, pension scheme shall also 
be made applicable to teaching and non-teaching employees 
in non-agricultural universities and non-government colleges 
o affiliated to it from 1. 10. 1982 - Para 3 of Resolution dated 
11. 3. 1992 states that the benefit of previous service by 
condoning break in service can be granted only if there is 
compliance of conditions contained in r.48(1) of Rules, 1982 
- As per r.48(3) in the absence of a specific indication to the 
E contrary in the service record, an interruption between two 
spells of civil service rendered by a Government servant 
under Government, shall be treated as automatically 
condoned and the pre-interruption services to be treated as 
qualifying service - In the instant case, appellant resigned 
F from the Government service on 18. 07. 1960 and joined the 
post of Lecturer in Hislop College on the same day i.e. 
18. 07. 1960 - He retired from the Hislop College on 
24.05.1983 i.e. after 1.10.1982 - Therefore, the appellant is 
entitled to the benefits in terms of Resolution dated 11.3.1992 
- Higher authorities recommended to add the earlier period 
G of service for determination of pensionary benefit - In view of 
the provisions of r. 48 r/w Government Resolution dated 
11. 3. 1992, the appellant is entitled for counting the service 
earlier rendered between 21. 06. 1950 to 17. 07. 1960 for 
H 
832 
MADHUKAR v. STATE OF MAHARASHTRA AND 
833 
ORS. 
determination of pension - Government Resolution No.NGC 
A 
128411061501994184)NS-4 dated 11.3.1992. 
Service law: Pension - Held: Cause of action for grant of 
pension arises every month. 
The appellant worked in various departments for the 
period 21.6.1950 to 18.7.1960. During the period 
11.12.1958 to 17.7.1960 he was posted as Social 
Education organiser when he tendered resignation from 
B 
the service. After its acceptance, on 18.7.1960, he joined 
Hislop College as lecturer in absence of any refusal of C 
letter of resignation. The Maharashtra Civil Services 
(Pension) Rules, 1982 were not applicable to the teaching 
and non-teaching employees of the colleges. On 
24.5.1983, the appellant retired from service as Assistant 
Professor from Hislop College. In between 1983 and 1986 
D 
pension of the appellant was finalized but the service of 
the appellant from 21.6.1950to18.7.1960 was not counted. 
The Government of Maharashtra by Government 
Resolution No.NGC 1284/106150/994/84)/VS-4 dated 
11.3.1992 decided to count past government service for 
E 
computation of pension in respect of all employees 
retiring on or after 1.10.1982. In view of such Resolution, 
though the appellant was entitled to get his past services 
counted for fixation of pension, the same were not 
considered. On 30.11.2005, respondent No.4, the 
Administrative Officer, Higher Education recommended 
F 
the appellant's claim for refixation of pension to the 
respondent No.5, Senior Accounts Officer. Respondent 
No.5 in turn rejected the said recommendation. On a 
representation made by the appellant, the Joint Director G 
by his letter dated 30.12.2005 requested respondent No.2, 
the Director, Higher and Technical Education, Pune to 
take into consideration the services rendered by the 
appellant between 21.6.1950 and 18. 7 .1960 for 
computation of pension in view of Government 
H 
834 
SUPREME COURT REPORTS 
[2014] 4 S.C.R. 
A Resolution dated 11.03.1992. In spite of such 
recommendation made by the Joint Director, no action 
was taken. The appellant then preferred the writ petition 
before the High Court which was dismissed. Hence the 
B 
instant appeal. 
Allowing the appeal, the court 
Held: 1. In the case in hand, the appellant has claimed 
fixation of pension by counting the earlier period of 
service in the light of Government Resolution dated 
C 11.3.1992. No such claim was made under the 
Maharashtra Civil Services (Pension) Rules, 1982. The 
Government of Maharashtra, from its Education and 
Employment Department issued Resolution dated 
11.3.1992. Referring to its earlier Resolution No. NGC 
D 1283/(865) vs-4 dated 21. 7 .1983 it was informed that 
pensio

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