JUDGEMENT
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(1.)- Petitioner respondent by Counsel.
(2.)RULE made immediately returnable and heard, Counsel for the respondents to waive service.
(3.)PETITIONER sought retirement as from 31-8-1988 A. N. on the basis of Rule 10 (5) (a) (i) of the Maharashtra Civil Services (Pension) Rules, 1982. Respondents dispute the eligibility of petitioner to seek the benefit of the aforesaid rule The undisputed facts are that petitioner was born on 1-6-1937 and joined service on 15-11-1971. He gave a notice of retirement on 7-1-1988 indicating therein that he be permitted to retire as from 31-8-1988. It was his case that he had joined service before attaining the age of. 35 years and had given notice after having attained the age of 50 years From the correspondence, the stand taken by the respondents appears to be that petitioner joined service in the 35th years of his life and therefore, could not seek retirement under the aforesaid rule. The said rule, to the extent, reads as follows : -
" (5) Notwithstanding anything contained in sub-rules (1) and (2)of this rule, any Government servant may, by giving notice of not less then three months in writing to the appropriate authority retire, (a) in the case of a Government servant.- (i) referred to in sub-rule 4 (a) (i) after he has attained the age of fifty years. "
Rule 4 (a) (i) to the extent relevant reads thus : -
"5 (a) any Gazetted Government servant under the rule making control of the State Government: (i) if he had entered Government service under any Government in India, before attaining the age of thiry-five years, after he has attained "the age of fifty years. " mr. Dixit contends that the word "attaining" in Rule 4 (a) (i) should be read as synonymous with commencement and not completion, it is not possible to agree with this submission, for 'attaining' means completion. When the rule speaks of a person entering Government service, before 'attaining' the age of 35 years, it means that the Government servant came into Government employment before he completed the age of 35 years. Here, petitioner joined service on '15-11-1971. On that date, the 35th years was not complete, regard being had to his date of birth being 1-6-1937. The notice of intended retirement was given with intent to permit petitioner's retirement after he had attained the age 50 years. Therefore Government was bound to accede to the demand made upon it by the petitioner.
7. This brings me to the petitioner's claim for retiral benefits. The respondents shall compute the benefits admissible according to the rules applicable as early as possible. Rule in terms of petition prayer (b) (i)and the direction in regard to retiral benefits given above, is hereby made absolute with parties bein left to bear their own costs.
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