Part-time employees, including part-time librarians, are not entitled to the benefit of Pension Scheme or Provident Fund Scheme based on specific provisions in the relevant rules.

JUDGMENT :

Sandeep V. Marne, J.

1. Heard. Rule. It is made returnable forthwith. Smt. Vaishali N. Patil – Jadhav, Mr. K.N. Lokhande and Mr. S.B. Yawalkar, learned 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 three writ petitions is, whether part time librarians are entitled to the benefit of pension and other pensionary benefits?

3. Since an issue of law is involved in the present petitions, factual matrix in respect of each petitioner is not of much relevance and therefore, we do not propose to narrate facts in respect of each of the writ petition. Suffice it to state that all the three petitioners were initially recruited on the post of ‘part time Librarian’ in the respective schools. Initially, approval was granted for sanction of the post of the part-time librarian in the respective schools. After appointments of the petitioners, approval has been granted for their appointments as part-time librarians. In accordance with the approvals granted, the petitioners have received salaries payable for the post of part time librarian by virtue of grant-in-aid. All the petitioners continued to work on the post of part time librarian and the present petitions are filed by them on the verge of their retirements. In fact, the petitioner in Writ Petition No. 12590 of 2021 had retired on the date of filing of the petition.

4. In all the three petitions, order dated 18.10.2014 passed by the Director of Education (Secondary and Higher Secondary) has been challenged. The said order dated 18.10.2014 has been passed in deference to the order dated 14.10.2013 in Writ Petition No.8378 of 2013 filed by one of the petitioners herein (Vijaysingh Ramsingh Patil). By the decision dated 18.10.2014, it has been conveyed that the pension scheme or provident fund scheme is not applicable to part time librarians.

5. Mr. Vivek Dhage, learned advocate for the petitioners submits that the petitioners have worked as permanent employees on permanent establishment against sanctioned posts. He further submits that the petitioners are being paid pay scales/pay bands. In support of his contention, he relied upon Government Resolution dated 04.11.2009 by which the State Government has prescribed various pay bands for part time employees. Relying on the said G.R., he submitted that there is no distinction between the petitioners and the full time regular employees and therefore, the pension scheme is applicable to them.

6. The main thrust of the submissions of Mr.Dhage has been on Rule 19 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Rules, 1981 (hereinafter referred to as the ‘Rules of 1981’). He submitted that Rule 19, which deals with pension, classifies the employees into three categories as under:

(i) Employee of aided secondary school and aided junior college working on full time basis and retiring on or after 01.04.1966,

(ii) Employee of aided primary school working on full time basis and retiring on or after 01.04.1979, and

(iii) Employee appointed on or after the above mentioned dates.

7. He submitted that in respect of the categories (i) & (ii) the words “full time basis” have been used, whereas in respect of employees falling in category (iii) the words “full time basis” have consciously not been used. He, therefore, submitted that on account of absence of the words “full time basis” in respect of employees falling in category no.(iii), they are entitled to pension regardless of the fact whether they work on full time basis or part time basis.

8. Mr. Dhage further placed reliance on the definition of the term employee under Section 2 (7) of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 and submitted that every employee, whether full time or part time, is covered