1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. Letters Patent Appeal No.477/2009 in Writ Petition No. 3110/2008 (Zilla Parishad, Amravati .vs. Dadarao Ramraoji Wadekar) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. M.A. Sable, Advocate for Appellant. Mr. Y.P. Kaslikar, Advocate for Respondent. .......... CORAM : S.A. BOBDE & P.D. KODE, JJ. DATED : MARCH 22, 2010 1. Heard. 2. The appellant has challenged the order of the learned Single Judge by which the learned Single Judge has held that though respondent was initially appointed on contract basis, thereafter by order dated 3.7.1982 Zilla Parishad, Amravati had appointed the respondent as a temporary employee. By said order of appointment, the respondent’s services as contract worker were discontinued and the respondent was appointed temporarily. Thus by the said appointment respondent was conferred status as a temporary employee. Having regard to the same, we thus have no hesitation in 2 upholding the order of the learned Single Judge whereby the learned Single Judge has found that though the employee under a contract is not entitled to pension by virtue of Rule 5 of the Maharashtra Zilla Parishads (Contract Service) Rules, 1963, the respondent who ceased to be a contract employee and had become a temporary employee, is entitled to pensionary benefits. The learned counsel for the appellant has not pointed out to us any rule which shows that the temporary employee is not entitled to pensionary benefits. On the other hand, it appears that under the Maharashtra Civil Services (Pension) Rules, 1982, the Government servant who has rendered temporary service of not less than 10 years is entitled to pensionary benefits vide Rule 30 second proviso which reads as follows: “30. Commencement of qualifying service: ......... Provided further that, in cases where a temporary Government servant retires on superannuation or on being declared permanently incapacitated for further Government service by the appropriate medical authority after having rendered temporary service of not less than ten years, or voluntarily after completion of twenty years of qualifying service, shall be eligible for grant of superannuation. Invalid or, as the case may be, Retiring Pension; Retirement Gratuity; and Family Pension at the same scales as admissible to a permanent Government servant.” 3. We see no merit in the contention raised on behalf of the appellant that the respondent cannot be said to be qualified since his duties and pay have not 3 been regulated by the Government under Rule 31. Rule 31 reads as follows: 31. Conditions subject to which service qualifies--- (1) The service of a Government servant shall not qualify unless his duties and pay are regulated by the Government or under conditions determined by the Government. (2) ....... (3) .........” 4. The said rule applies only to a Government servant which the respondent is not. L.P.A. is dismissed. 5. Civil Application No. 131 of 2010 also stands disposed of. JUDGE JUDGE halwai