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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
Sandeep V. Marne, Mangesh S. Patil, JJ.
Anil Popat Chobhe – Petitioner
Versus
The State of Maharashtra & Ors. – Respondents
Writ Petition No. 9542, 9566, 9583, 9584 of 2021, 7002 of 2022
Decided On : 24-08-2022
Pension Scheme - Teachers in Aided Schools - Maharashtra Civil Services (Pension) Rules, 1982 - Defined Contributory Pension Scheme - [N/A] - [WP No. 9542/21, 9566/21, 9583/21, 9584/21, 7002 of 2022] - The court considered whether teachers appointed in aided schools on part-time basis prior to 01.11.2005 and approved as full-time teachers after 01.11.2005 are entitled to be governed by the pension scheme under the Maharashtra Civil Services (Pension) Rules, 1982 or the Defined Contributory Pension Scheme introduced by the State Government. The court held that the date of appointment on part-time basis is relevant for determining the applicability of the pension scheme, and teachers appointed prior to 01.11.2005 in fully aided education institutions on part-time basis are governed by the pension scheme under the Rules of 1982. Only 50% of the service rendered on part-time basis would be counted towards qualifying service for pension.
Fact of the Case:
The petitioners were appointed as part-time teachers in aided schools prior to 01.11.2005 and later approved as full-time teachers. The State Government contended that only full-time employees are entitled to pension under Rule-19 of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981, and the date of entry into service on full-time basis alone determines entitlement to a particular pension scheme.
Finding of the Court:
The court rejected the State Government's contention, holding that Rule-19 only determines the class of employees entitled to pension and does not decide the applicability of a particular pension scheme. The court also rejected the State Government's reliance on the decision in Homraj Hansaram Bisen, as it was in respect of entitlement to the old pension scheme in schools not admissible to 100% grant-in-aid. The court held that the judgment in Homraj Hansaram Bisen did not assist the State Government's case.
Issues: The main issue was whether the date of appointment on part-time basis or the date of conversion on full-time basis is relevant for determining the applicability of the pension scheme to teachers in aided schools.
Ratio Decidendi: The court held that the date of appointment on part-time basis is relevant for determining the applicability of the pension scheme. It also clarified that only 50% of the service rendered on part-time basis would be counted towards qualifying service for pension.
Final Decision: The court allowed the petitions, declaring that the petitioners are entitled to be governed under the old pension scheme under the provisions of Rules of 1982 and Maharashtra Civil Services (Commutation of Pension) Rules, 1984, by treating their dates of appointments on part-time basis as the dates of entry into service. The petitioners were entitled to get the consequential benefits. The parties were to bear their own costs.
JUDGEMENT :
Sandeep V. Marne, J.
1. Heard. Rule. Rule is made returnable forthwith. Mr. A.S. Shinde, Mrs. Vaishali N. Patil – Jadhav, Mrs. R.P. Gour, Mrs. M.A. Deshpande, learned Assistant/Additional Government Pleaders waive service for the respondent - State. At the joint request of learned advocate for the petitioners and the learned AGPs, the matters are heard finally at the admission stage.
2. The common issue that arises for our consideration in these five petitions is, whether the teachers appointed in aided schools on part-time basis prior to 01.11.2005 and approved as full time teachers after 01.11.2005 are entitled to be governed by the pension scheme under the Maharashtra Civil Services (Pension) Rules, 1982 or whether they would be governed by the Defined Contributory Pension Scheme introduced by the State Government vide the Government Resolution dated 31.10.2005 ?
3. At the outset, we must indicate that this issue is no more res integra and has been covered by numerous decisions of this Court. Ordinarily, we would have followed those decisions instead of rendering this lengthy judgment. However, in view of extensive submissions made before us by the learned Additional/Assistant Government Pleaders urging us to take a view different than the one taken in those decisions, we have embarked upon the exercise of reconsidering the issue.
4. Though the facts of each case are not really relevant, it would be necessary to state few particulars about the service of each petitioner, which are tabulated herein below:
| WP No. | Name | Date of Appointment as | Date of Appointment as Full- time Assistant teacher | Date of Approval |
| 9542/21 | Anil Popat Chobhe | 10/06/1999 Part-time Assistant teacher | 13/09/2010 | 21/12/2010 |
| 9566/21 | Santoshsing Tulshiramsing Solay | 10/06/2005 Part-time Shikshan Sevak | 31/08/2010 | 22/10/2010 |
| 9583/21 | Anant Laxman Joshi | 10/06/1999 Part-time Assistant teacher | 13/09/2010 | 21/12/2010 |
| 9584/21 | Dnyaneshwar Namdeo Lakde | 10/06/2005 Part-time Shikshan Sevak | 30/10/2014 | 16/03/2020 |
5. In Writ Petition No.7002 of 2022 the petitioner therein was initially appointed as a part-time trained graduate teacher and her brief service particulars are as under:
| WP No. | Name | Date of appointment as | Date of appointment | Date of appointment on full time basis | Date of approval |
| 7002 of 2022 | Asha Ravindra Jagtap | Part-time teacher in mathematics at Deogiri Junior College, Aurangabad | 12-07-1995
| 15-06-2010 (as teacher in mathematics in Deogiri Junior College, Aurangabad) | 05.03.2011 w.e.f. 15.06.2010 |
6. The Government of Maharashtra introduced Defined Contributory Pension Scheme by issuance of Government Resolution dated 31.10.2005, which is applicable to employees appointed on or after 01.11.2005. Under the scheme, employee is required to contribute prescribed percentage of salary on monthly basis and the government also contributes the prescribed percentage towards pension fund. Pension and other benefits are to be paid through the pension fund so generated and invested. In respect of employees appointed on or before 31.10.2005 pension scheme as envisaged under the provisions of the Maharashtra Civil Services (Pension) Rules, 1982 (hereinafter referred to as the ‘Rules of 1982’) is applicable. Thus, the date of entry into service determines applicability of particular pension scheme.
7. As can be seen from the particulars of each petitioner, they entered into service prior to 01.11.2005, albeit on part-time basis. Each of them has been converted as full-time employee on or after 01.11.2005. Therefore, the issue before us is, whether to consider the date of entry on part-time basis or the date of conversion on full-time basis as the relevant date for the purpose of applicability of the particular pension scheme.
8. As pointed out earlier, t
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