MADHUKAR versus STATE OF MAHARASHTRA AND ORS.

MADHUKAR versus STATE OF MAHARASHTRA AND ORS.

In absence of a specific direction to the contrary in the service record, the interruption between two spells of service rendered by the appellant under the Government shall be treated as automatically condoned; therefore, the earlier service of the appellant (21.06.1950 to 17.07.1960) is to be counted towards qualifying service for pension computation in light of Rule 48 read with Government Resolution dated 11.03.1992.

Parties
Appellant: Madhukar; Respondents: State of Maharashtra and Ors.
Jurisdiction
India
Judgment Date
11 April 2014
Procedural Posture
Civil Appeal / Appeal From Judgment and Order Dated 23.04.2012 of Division Bench of High Court of Judicature at Bombay, Nagpur Bench in Writ Petition No. 4736 of 2011
Outcome
Appeal allowed
Legal Topics
Pension, Fixation of Pension, Qualifying Service, Condonation of Interruption in Service
Service Law Pension Fixation of Pension Qualifying Service Condonation of Interruption in Service

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Parties

Madhukar

Appellant

State of Maharashtra and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From Judgment and Order Dated 23.04.2012 of Division Bench of High Court of Judicature at Bombay, Nagpur Bench in Writ Petition No. 4736 of 2011

Legal Issues

  1. 1 Whether the appellant is entitled to have his service from 21.06.1950 to 17.07.1960 counted for computation of pension as per Maharashtra Government Resolution dated 11.03.1992 and the Maharashtra Civil Services (Pension) Rules, 1982.

Ratio Decidendi

In absence of a specific direction to the contrary in the service record, the interruption between two spells of service rendered by the appellant under the Government shall be treated as automatically condoned; therefore, the earlier service of the appellant (21.06.1950 to 17.07.1960) is to be counted towards qualifying service for pension computation in light of Rule 48 read with Government Resolution dated 11.03.1992.

Court Disposition

Appeal allowed

Orders

  • Impugned judgment and order dated 23.04.2012 of the High Court is set aside.
  • Respondents are directed to count the period of service rendered by the appellant from 21.06.1950 to 18.07.1960 for pension computation and pay the consequential benefits including arrears within three months of the judgment.