1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETITION No. 1533 OF 2011 (Sanjay N. Revatkar .vs. Chief Officer, Municipal Council, Wardha and Ors.) _______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. ______________________________________________________________________________ CORAM : B.P.DHARMADHIKARI & A.P.BHANGALE, JJ. DATED : OCTOBER 07, 2011. Heard Mr.Rahul Khade, Adv. for petitioner, Mr.Abhay Sambre, Adv. for respondent no.1 and Mrs. A.R.Taiwade, A.G.P. for respondent nos.2 and 3. As a one time measure, the services of the petitioner have been regularized by specifically mentioning that he is entering the service of Municipal Council from 3.6.2003. Condition No.9 of the order dt.2.8.2003 specifically stipulates that earlier service rendered on daily wages shall not be looked into for any financial or other service related benefit. The petitioner reached the age of superannuation on 31.12.2010 and then claimed pension. The Municipal Council, by order dt. 2 28.1.2011, rejected it for the reasons already noted above. Thereafter, the present petition has been filed. The petitioner has taken benefit of order dt.2.8.2003 and has not challenged that condition within a reasonable time. The contention before us is that the Regional Director of Municipal Administration, while permitting the Municipal Council to regularise the services of petitioner, has not imposed any such condition. Our attention is invited to order dt.3.6.2003 passed by the Regional Director of Municipal Administration in this connection. Perusal of this order shows that the Municipal Council was permitted to create 25 posts in Class III and IV cadres as a special case and to revive 35 posts, which had lapsed. The condition further shows that if any of 60 posts so created falls vacant, same were/are to lapse. It is, therefore, apparent that, after superannuation of the petitioner, his post has also lapsed. Condition No.11 imposed by the Regional Director of Municipal Administration required the petitioner to withdraw all Court proceedings claiming benefit on account of his daily wage service. Accordingly, the petitioner has withdrawn his proceedings before the Industrial Court filed u/s. 28 r/w. 3 Scheduled IV, Item Nos. 5, 6 and 9 of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971. It is, therefore, apparent that the petitioner has already acquiesced in action and he has no legal right to claim pension. The provisions of Rule 30 of the Maharashtra Civil Services (Pension) Rules, 1982 are pressed into service to point out commencement of qualifying service. The qualifying service commences from the date on which a Government servant takes charge of the post to which he is first appointed either substantively or in officiating or temporary capacity. Here, as we have noted above that the post against which the petitioner was regularized has been created for the first time on 3.6.2003, no case is made out warranting interference. Hence, the petition is dismissed. No costs. JUDGE JUDGE jais