1 WP39/07 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.39 OF 2007 Mohammad I.U. Quazi ...Petitioner v/s The State of Maharashtra and ors. ...Respondents Mr P.N. Kothari with Ms V.M. Kolhatkar and Ms S.J. Ansari for Petitioner. Mr V.R. Dhond for Respondent No.3. CORAM : D.K. DESHMUKH AND K.K. TATED JJ. DATE : 24TH JANUARY 2011. 2 WP39/07 P.C. :- 1] The facts which are relevant for deciding this petition are that the petitioner joined the services of the Government of Maharashtra as Police Prosecutor on 10 th June 1965. He was serving in that post till 18 th May 1970. The petitioner, on being selected by the Maharashtra Public Service Commission, was appointed as Civil Judge, J.D. And J.M.F.C., Bhandara with effect from 25 th May 1970. He continued to hold that post till he retired on 31 st December 1995. Relying on the provisions of Rule 33 of Maharashtra Civil Service (Pension) Rules 1986, it is the case of the petitioner that the services rendered by him as Police Prosecutor is to be counted for the purpose of calculating the amount of pension to which the petitioner would be entitled on his retirement as Civil Judge, J.D. And J.M.F.C. We have heard the learned counsel for both sides. We have perused the relevant provision. Perusal of Rule 33 shows that even temporary officiating service rendered by a person in the Government is 3 WP39/07 entitled to be counted for the purpose of pension. The petitioner was continued in service as Police Prosecutor and therefore, in terms of provisions of Rule 33 of the said Rules, the petitioner s service has to be counted while determining the amount of pension on his retirement from the post of Civil Judge, J.D., and J.M.F.C. In the result therefore, rule in the petition is made absolute terms of prayer clauses (1), (2) and (3). No order as to costs. Parties to act on the copy of this order duly authenticated by the Sheristedar / Private Secretary of this Court. Certified copy expedited. ( JUSTICE D.K. DESHMUKH ) ( JUSTICE K.K. TATED )