Case Note & Summary
The High Court allowed a writ petition filed by legal heirs of a retired teacher seeking combined counting of his service in Zilla Parishad school and subsequent service in a grant-in-aid private school for pension calculation. The petitioner had served 27 years in Zilla Parishad school, took voluntary retirement, and immediately joined as Headmaster in Prabhavati Vidyalaya for nearly 10 years. The Accountant General rejected the pension proposal citing Rules 39 and 153 of Maharashtra Civil Services (Pension) Rules, 1982, stating voluntary retirement prohibits counting new service. The Government also rejected the Lok-Ayukta's recommendation. The Court held that both services were pensionable with no break, making Rule 153 applicable. Relying on Supreme Court precedent, the Court directed the State to count combined service, calculate pension accordingly, and pay arrears within three months, quashing the Government's rejection order.
Headnote
The High Court of Judicature at Bombay Bench at Aurangabad -- Heard advocates for both parties -- Rule made returnable forthwith -- Petition filed under Articles 226 and 227 of Constitution of India -- Petitioner prayed for directions to count service period from 01.08.1986 to 30.04.1996 in Prabhavati Vidyalaya School -- Also prayed to compute service in Zilla Parishad school and re-fix pension -- Sought quashing of order dated 15.03.2010 rejecting combined service counting -- Petitioner expired during pendency -- Legal heirs brought on record vide order dated 20.09.2025 -- Petitioner served as Assistant Teacher in Zilla Parishad High School from 26.06.1959 to 31.07.1986 -- Opted voluntary retirement on 31.07.1986 -- Joined as Headmaster in Prabhavati Vidyalaya on 01.08.1986 -- Worked till retirement on 30.04.1996 -- Pension proposal forwarded to Accountant General -- Proposal returned citing Rules 39 and 153 of Maharashtra Civil Services (Pension) Rules, 1982 -- Accountant General stated voluntary retirement prohibits counting new service -- Petitioner approached Lok-Ayukta -- Lok-Ayukta recommended case to Government -- Government rejected recommendation on 15.03.2010 -- Petitioner filed representations till 22.02.2016 -- No response from authorities -- Petitioner approached High Court -- Petitioner's advocate argued Rule 153 allows combining pensionable services -- Cited Supreme Court judgment in Madhukar vs. State of Maharashtra -- Respondent AGP opposed citing Rule 157 and Rule 66(A) -- Argued petitioner received double benefits -- Court found both services pensionable -- No break in service -- Rule 153 applicable -- Government circular dated 15.03.2010 unsustainable -- Directed respondents to count combined service -- Calculate pension accordingly -- Pay arrears within three months
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Issue of Consideration: The Issue of whether the petitioner's service rendered after voluntary retirement from Zilla Parishad school could be combined with previous service for calculating pension benefits under Maharashtra Civil Services (Pension) Rules, 1982
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Final Decision
The High Court allowed the writ petition, quashed the Government order dated 15.03.2010, directed respondents to count petitioner's service in both schools combinedly for pension calculation, compute pension accordingly, and pay arrears within three months from the date of order
