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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
R.D.Dhanuka, S.G.Mehare, JJ.
Punjahari Baburao Dighe – Appellant
Versus
State of Maharashtra – Respondent
Writ Petition No. 12902 of 2018
Decided On : 06-05-2022

Advocates Appeared:
S.T.Shelke, Advocate, A.D.Pawar, Advocate, A.S.Shinde, Advocate, M.S.Deshmukh, Advocate, S.B.Yawalkar, Advocate, G.T.Pahilwan, Advocate, S.S.Wagh, Advocate

Headnote:

Librarian - Government Resolution dtd. 28/6/1994 - Rule 30 and 33 of the Maharashtra Civil Services (Pension) Rules, 1982 - The court allowed the writ petitions seeking the status of full-time librarian and pensionary benefits for the petitioners. The court held that the Government Resolution dtd. 3/8/2006, which took away the rights vested in employees under G. R. dtd. 28/6/1994, is illegal, arbitrary, and in violation of Article 14 of the Constitution of India. The court directed the management to submit the pension papers of the petitioners and release the retirement benefits including arrears of salary/pension within the specified time frame.

Fact of the Case:

The petitioners were appointed as part-time librarians and sought the status of full-time librarians and pensionary benefits. The State Government had issued Government Resolution dtd. 28/6/1994, accepting the report submitted by Shri V. V. Chiplunkar committee, which recommended staffing pattern of non-teaching employees based on the strength of students. The staffing pattern was governed by the provisions of the Secondary School Code. The State Government issued Government Resolution dtd. 3/8/2006, up-grading part-time librarian posts to full-time librarians, treating it as a fresh appointment and not counting the part-time service for pay-fixation.

Finding of the Court:

The court found that the Government Resolution dtd. 3/8/2006, which took away the rights vested in employees under G. R. dtd. 28/6/1994, is illegal, arbitrary, and in violation of Article 14 of the Constitution of India. The court directed the management to submit the pension papers of the petitioners and release the retirement benefits including arrears of salary/pension within the specified time frame.

Issues: The issues involved in the case were the interpretation and application of the Government Resolutions dtd. 28/6/1994 and 3/8/2006, the rights of the petitioners as part-time and full-time librarians, and the entitlement to pensionary benefits under the Maharashtra Civil Services (Pension) Rules, 1982.

Ratio Decidendi: The court held that the Government Resolution dtd. 3/8/2006, which took away the rights vested in employees under G. R. dtd. 28/6/1994, is illegal, arbitrary, and in violation of Article 14 of the Constitution of India. The court directed the management to submit the pension papers of the petitioners and release the retirement benefits including arrears of salary/pension within the specified time frame.

Final Decision: The court allowed the writ petitions, directed the management to submit the pension papers of the petitioners, and release the retirement benefits including arrears of salary/pension within the specified time frame. The petitions were allowed, and there was no order as to costs.

JUDGMENT

1. Rule. Mr. Yawalkar, learned Additional Government Pleader and Mr. A. S. Shinde, learned Assistant Government Pleader waive service on behalf of the respondents in respective writ petitions. By consent, Rule made returnable forthwith.

2. By Writ Petition No. 12902 of 2018 filed by petitioners under Article 226 of the Constitution of India, the petitioners seek a writ of mandamus against respondent Nos. 1 to 4 to direct them to (up-grade them/petitioners) as full time Librarian from the effective dates as mentioned in the Chart annexed at Exhibit - A in view of the provisions of G. R. dtd. 28/6/1994 with all consequential benefits including pay fixation, increments, arrears of salary and placement in higher pay scales under time bound promotion and pensionary benefits as per the Pension Rules.

3. The petitioners also pray for writ of mandamus for an order and direction that the provisions of the Government Resolution dated 3. 08.2006 restricting the up-gradation as full time Librarian from 1/4/2006 and treating the up-gradation as fresh appointments of forfeiting the benefits of past services as part time librarian be declared as ultra-vires the provisions of basic Government Resolution dtd. 28/6/1994 and contrary to Rule 30 and 33 of the Maharashtra Civil Services (Pension) Rules, 1982 (for the sake of brevity hereinafter referred as to the "Pension Rules"). The petitioners also pray for writ of mandamus to grant benefit of regular pension and retirement benefits as per the provisions of the Pension Rules.

4. By Writ Petition No. 11513 of 2018, the petitioner seeks a writ of certiorari for quashing and setting aside order dtd. 16/5/2018 passed by the Accountant General, refusing to grant pensionary benefits to the petitioner as a librarian, for a declaration that the petitioner is entitled to a family pension thereby counting the part time service rendered by the petitioner as a librarian to the extent of 50% along with the full time services rendered by the petitioner by issuing appropriate writ order or directions and for granting family pension in favour of the petitioners.

5. By Writ Petition No. 1579 of 2022 filed under Article 226 of the Constitution of India, the petitioner prays for a writ of certiorari for quashing and setting aside the impugned order dtd. 20/9/2021 passed by the Accountant General refusing to process the pension papers of the petitioner as legal heirs of deceased Purushottam Vallabh Patil under the provisions of the Pension Rules and for an order and direction against the respondent No. 2/Accountant General to accept pension case of the petitioner and to grant benefit of old pension scheme.

6. By Writ Petition No. 1660 of 2022 filed under Article 226 of the Constitution of India, the petitioner seeks writ of certiorari for quashing and setting aside the impugned order dtd. 20/9/2021 passed by the respondent No. 2/Accountant General refusing to process the pension papers of the petitioner under the provisions of the Pension Rules and for an order and direction against the respondent No. 2 to accept pension case of the petitioner and grant benefit of old pension scheme.

7. By Writ Petition No. 3912 of 2022 filed under Article 226 of the Constitution of India, the petitioner seeks a writ of mandamus against respondent Nos. 1 and 2 to extend the benefits of full time librarian to the petitioner as per the Government Resolution dtd. 28/6/1994.

8. The facts and submissions in Writ Petition No. 12902 of 2018 are as under :

    The petitioners were appointed as part time librarian and thereafter as full time librarian on various dates in various schools. The details of their appointments as part time librarian, full time librarian, their qualification and year in which the strength of students in the schools in which they were appointed crossed more than 1000 students are as under.

             

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