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G.P. Bhargava vs State of M.P. and Others

Madhya Pradesh High Court · Decided on 4 March 2011 · Citation: (2011) 3 JLJ 256

HON’BLE JUDGES
Rajendra Menon, J
RESULT
Allowed
CASE NUMBER
Writ Petition No. 9098 of 2007 (S)
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Judgment

6 paragraphs · 333 words

Rajendra Menon, J.—Petitioner has filed this writ petition and the grievance of the Petitioner is that he was initially appointed as a LDC in Municipal Council, Pipariya on 1.9.1968 and has retired on attaining the age of superannuation on 31.3.2006, where he was posted as Chief Municipal Officer.

2.

It is the case of the Petitioner that for the purpose of counting his qualifying service, the services rendered by him from the initial date of appointment is not counted and, therefore, he has filed this writ petition. That apart, various other claims are raised by the Petitioner with regard to pay fixation, which have been considered and orders passed by this Court in connected case Writ Petition No. 1908/2010.

3.

It was submitted by Shri V.S. Shroti, learned Senior Advocate, that now in this writ petition the only relief being claimed by the Petitioner is that the entire period from the year 1968 to 31.10.2006 be treated as service for the purpose of calculating the qualifying service.

4.

Even though Respondents have tried to emphasize that the Petitioner is not entitled to various benefits claimed by him in the writ petition, but considering the fact that Petitioner was regularly appointed on 1.9.1968 in Municipal Council, Pipariya and thereafter his services were absorbed in SADA and thereafter into the State services without any break, there is no reason for not treating the Petitioner''s services from 1.9.1968 till the date of retirement as regular service for calculating the pensionary benefits of the Petitioner.

5.

In view of the above, Respondents are directed to compute the entire period of service i.e... from 1968 to 31.10.2006 as qualifying service for the purpose of calculating pensionary benefits and thereafter action be taken for refixation of pension of the Petitioner and the arrears on such calculation be paid to the Petitioner within a period of two months from the date of receipt of certified copy of this order.

6.

With the aforesaid, the petition stands allowed and disposed of.