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ROHIT B. DEO, M. W. CHANDWANI
Pratibha Prakash Almast – Appellant
Versus
State of Maharashtra though its Secretary, Department of School Education and Sports – Respondent
JUDGMENT :
ROHIT B. DEO, J.
Heard.
2. Rule. Rule made returnable forthwith.
3. The petitioner 1 was initially appointed as a part-time Librarian on compassionate grounds on the establishment of Bharat Vidayalaya, which is managed by petitioner 2- Society, vide appointment order dated 30.08.1995 with effect from 01.09.1995.
4. The appointment of the petitioner 1 was on probation and was approved by respondent 3- Education Officer vide order dated 16.10.1996.
5. The petitioners submit that since the strength of the students was more than 1500, petitioner 3- School was entitled to one post of full-time Librarian. The said post was occupied by Mr. Meshram, who was working on the establishment of petitioner 3-School. Mr. Meshram superannuated in 2011-12. The petitioner 2 resolved on 29.06.2012 to transfer petitioner 1 from Palasgaon (Jat) to Navegaon on the post of full-time Librarian, which fell vacant in view of the superannuation of Mr. Meshram. Accordingly, the petitioner 1 was transferred as full-time Librarian on the establishment of petitioner 3- School vide order dated 30.06.2012 and she joined duty on 02.07.2012. The transfer on promotion as full-time Librarian of the petitioner 1 wa
The main legal point established in the judgment is that 50% of the services rendered as a part-time employee should be considered while calculating the qualifying service for pension entitlement.
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.
Part-time service can be counted towards pension eligibility under Maharashtra Civil Services (Pension) Rules, 1982, provided cumulative service exceeds ten years.
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The court established that 50% of the part-time service can be added to the full-time service for calculating qualifying service for pensionary benefits under Rule 30 of Maharashtra Civil Services (P....
Pension scheme - Deduction of monthly salary - since the Petitioner No. 1 had been appointed prior to 1st November, 2005 and occupied a part time fully aided post i.e. receiving 100% grant-in-aid fro....
The application of Rule 11(2) of the Pension Rules and subsequent government orders in determining pensionary benefits for part-time Panchayat Clerks.
The main legal point established in the judgment is the entitlement of the petitioner to the benefits as per the Government Resolution dated 28th June, 1994, and the court's direction to the concerne....
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