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R. D. DHANUKA, S. G. MEHARE
Punjahari Baburao Dighe – Appellant
Versus
State of Maharashtra – Respondent
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 b
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....
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.
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....
Part-time service can be counted towards pension eligibility under Maharashtra Civil Services (Pension) Rules, 1982, provided cumulative service exceeds ten years.
The application of Rule 11(2) of the Pension Rules and subsequent government orders in determining pensionary benefits for part-time Panchayat Clerks.
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