- (1.)THE petitioner has invoked the writ jurisdiction of this Court for directions to respondent No. 2 to give the terminal benefits including pension. The petitioner was appointed on daily wages on 25-7-1977 and he was regularised in the post of Clerk with effect from 15-3-1979. The petitioner retired on 31-1-1988. The petitioner was not paid pension benefits on the ground that he had not completed ten years of service. The petitioner has, therefore, approached this Court seeking directions as aforesaid.
(2.)WE have heard learned Advocate for the petitioner, learned Advocate for the respondent No. 2 and learned Assistant Government Pleader for the respondent No. 1.
(3.)THERE is no dispute regarding the admitted facts which have been enumerated above. According to the learned Advocate for the respondent No. 2, the total pensionable service of the petitioner, in accordance with the Maharashtra Civil Services (Pension) Rules, 1982 (hereinafter referred to as the Act), comes to 9 years, 8 months and 15 days, on account of which, the petitioner is not entitled to any pension. Rule 110 (2) (b) provides as under: Rule 110 (1 ). . . . . . . . . . . (2) (a ). . . . . . . . . . . . . . . . . . . . . (b) In the case of a Government servant retiring on Superannuation, retiring Invalid or Compensation Pension in accordance with the provisions of these Rules before completing qualifying service of thirty-three years but after completing qualifying service of ten years, the amount of pension shall be proportionate to the amount of pension admissible under Clause (a) and in no case the amount of pension shall be less than (rupees three hundred and seventy-five) per mensem. Note 1 under Rule 57 of the Rules provides that, in case of employees paid from contingencies who are subsequently brought on a regular pensionable establishment by conversion of their posts, one-half of their previous continuous service shall be allowed to count for pension. Taking these two provisions into account, the total service of the petitioner comes to 9 years 8 months and 15 days. The petitioner is stated to be a physically handicapped person inasmuch as he is suffering from paralysis. Rule 4 of the Pension Rules provides for relaxation and the Rule reads as under: Rule 4: Power of relaxation:
"where Government is satisfied that the operation of any of these Rules causes or is likely to cause undue hardship in the case of any Government servant or class of Government servants, it may, by an order in writing, exempt any such Government servant or class of Government servants from any provisions of these Rules or may direct that such provision shall apply to such Government servants or class of Government servants with such modifications not affecting the substance thereof, as may be specified in such order. "