Gangaramsa Chandan Vs. State of Maharashtra & Ors  INSC 803 (15 July 1996)
K.Ramaswamy, K.G.B. Pattanaik (J)
1996 SCALE (5)691
O R D
appeal by special leave arises from the judgment and order of the Bombay High
Court, Aurangabad Bench made on November 11, 1993 in Writ Petition No.3505/93. The appellant was working as
on April 1, 1957 as Peon-cum-Watchman in the Hyderabad Agricultural Committee.
Consequent upon the State's reorganisation, the appellant had gone to and
joined the service of the Krishi Utpadan Bazar Samiti at Jalna district. He
retired from service on April
1, 1991 after
completing about 35 years of service. His qualifying service was computed w.e.f.
October 1, 1969. He claimed the service from the
date of his appointment. It was denied on the ground that he started
contributing towards Provident Fund w.e.f. the aforesaid date and, therefore
his pensionary benefit required to be computed from that date.
23 of Chapter VI in the scheme reads as under:
service of a Market Committee employee shall commence from the date he takes
charge of the post to which he is first appointed or from the date the employer
started deducting the P.F. contribution for the employee which ever later.
reading clearly indicates that the qualifying service is from the date he takes
charge of the post to which he was first appointed or from the date the
employer started deduction of provident fund from the employee, whichever is
later. Pension is not a bounty of the State. It is earned by the employee for
service rendered to fall back, after retirement. It is a right attached to the
office and cannot be arbitrarily denied. Therefore, we read down the rule. We hold
that reading the rule which is "later" must be read down to whichever
is "earlier". If so read, the rule is valid. Otherwise, it would be
arbitrary offending Article 14 of the Constitution. Mr. Khanwilkar, learned
counsel for the respondent contended that the appellant is not entitled to the
D.A.; on the other hand, learned counsel for the appellant contended that
pursuant to the order passed by the High Court to pay D.A. resolution had
already been passed by the Committee and the D.A. has already been paid to him.
benefit will be computed from April 1, 1957
within two months from the date of receipt of this order and payment of arrears
be paid accordingly.
appeal is allowed accordingly. No costs.