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RAVINDRA V. GHUGE, Y. G. KHOBRAGADE
Anita Bhagawat Narkhede alias Anita Avinash Kolhe – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
Y.G. KHOBRAGADE, J.
1. Rule. Rule made returnable forthwith and heard finally with the consent of the parties.
2. By this petition under Article 226 of the Constitution of India, the Petitioner prayed for issuance of Writ of Mandamus directing the Respondents to consider 6 years of part time service w.e.f. September 2001 to September 2007 while computing qualifying service for the pensionary benefits.
3. The learned advocate for the Petitioner submits that, the Petitioner has qualified B.Sc, MP.Ed and DCM. She was appointed as Shikshan Sevak (Physical Education) with the Respondent No. 5 Junior College on part time basis w.e.f. 18.09.2001. Her appointment was duly approved by Respondent no. 2 vide order dated 11.02.2002. She worked with the Respondent no. 5 for the period of 6 years w.e.f. 18-09-2001 to 18-09-2007 as a part time lecturer in Physical Education. Thereafter, she was appointed on full time Shikshan Sevak (Physical Education) w.e.f. 20.06.2007. The Respondent No. 2 Deputy Director of Education granted approval to the appointment of the petitioner on 06.11.2007. In the year 2007, she was granted senior pay scale. Then, she was appointed as a Director of Physical E
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....
Part-time service can be counted towards pension eligibility under Maharashtra Civil Services (Pension) Rules, 1982, provided cumulative service exceeds ten years.
Service matter - Arrears of pension - 50% of the part time services rendered by the Petitioner has to be taken into consideration along with the services rendered by the Petitioner as full time teach....
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.
Employees absorbed into regular substantive posts prior to 2003 are entitled to count 50% of their past part-time service toward qualifying pensionary service, and the State cannot arbitrarily exclud....
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.
Employees absorbed into regular service before 2003 after holding part-time or consolidated roles are entitled to count 50% of their past part-time service towards pensionable service qualifying time....
The main legal point established in the judgment is that 50% of the services rendered as part-time Librarian and 100% services rendered as full-time Librarian should be considered for the computation....
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