Temporary service counts for all retirement benefits: MAT

Chhatrapati Sambhajinagar: The Maharashtra Administrative Tribunal (MAT) Mumbai bench at Aurangabad has ruled that temporary service rendered before regularisation must be counted as "qualifying service" for pensionary benefits and voluntary retirement.In the case of Ashruba Bhaguji Jaybhaye versus the State of Maharashtra, the division bench of the tribunal headed by Justice VK Jadhav (vice- chairman) and Vinay Kargaonkar (member) held that statutory pension rules prevail over executive govt resolutions and that continuous temporary service cannot be ignored while calculating qualifying service for pension and VRS benefits. Jaybhaye had joined the public health department on March 1, 1984, as a Medical Officer (Class-II) on a purely temporary basis at the primary health centre in Raimoha of Beed district. He served continuously for over 28 years at various PHCs across the state, without any break in service. The tribunal noted that his service record remained unblemished and no disciplinary proceedings were ever initiated against him.Jaybhaye's services were regularised in 1994 after he cleared a special examination conducted by the Maharashtra Public Service Commission (MPSC). He later applied for voluntary retirement on May 27, 2012, seeking superannuation with effect from Sept 1, 2012, under Rule 66 of the Maharashtra Civil Services (Pension) Rules, 1982. The state, however, rejected his proposal on July 5, 2013, contending that he had not completed the mandatory 20 years of qualifying service as authorities counted his service only from the date of regularisation in 1994, excluding the previous 10 years of temporary service.Challenging the rejection, Jaybhaye, through advocate Renuka Ghule, approached MAT seeking quashing of the order, recognition of his voluntary retirement from Sept 1, 2012, and release of all retiral benefits, including pension and gratuity.The applicant argued that Rule 30 of the Pension Rules clearly states that qualifying service begins from the date a govt servant first takes charge of a post, whether in a substantive, officiating or temporary capacity.The tribunal further held that under Rule 66(2), if a VRS application is not rejected within the prescribed notice period, retirement takes effect automatically by operation of law. Since the state rejected Jaybhaye's application more than a year after the notice period expired, the tribunal held that he stood voluntarily retired from Sept 1, 2012.Allowing the application, MAT quashed the rejection order, declared Jaybhaye retired with effect from Sept 1, 2012, and directed the state to calculate his qualifying service from March 1, 1984. It ordered authorities to release all pensionary and retiral dues, including gratuity and group insurance benefits, within three months, failing which the state will have to pay 6% annual interest on arrears from Sept 1, 2012, till actual payment.