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VIBHA KANKANWADI, S. G. CHAPALGAONKAR
Shakuntala Ambadasrao Deshpande – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
(S.G. Chapalgaonkar, J.)
1. Rule. Rule made returnable forthwith. Heard finally with consent of the parties at admission stage.
2. The Petitioner approached this Court under Article 226 of the Constitution of India, impugning communication dated 3.3.2005 issued by Respondent No.3, thereby declining pensionary benefits. The petitioner further prays for issuance of writ of mandamus against respondents to accord her pension by counting period of her part time service for qualified service, as admissible under Maharashtra Civil Services (Pension) Rules, 1982 and Maharashtra Civil Services (Commutation of Pension Rules), 1984 and release pension alongwith the arrears. The Petitioner also seeks directions against respondent no.6-School to submit her pension papers before respondent Authorities for grant of benefits as per old pension scheme.
3. The Petitioner contends that she was appointed as part time Librarian with 'Rashtriya Shikshan Samiti', Nanded vide appointment order dated 13.6.1990 by following due procedure of law. The School i.e. Bharat Vidyalaya, High School, Nanded was receiving grant-in-aid since 1967. The post of the Part time Librarian was also eligible for grant
Part-time service can be counted towards pension eligibility under Maharashtra Civil Services (Pension) Rules, 1982, provided cumulative service exceeds ten years.
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 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.
The main legal point established in the judgment is that the phrase 'job involving whole time employment' in Rule 11(4) of the Tamil Nadu Pension Rules should be interpreted broadly to include part-t....
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 main legal point established in the judgment is that 50% of the part-time contingent service in the Panchayat department is eligible to be considered along with the regular service in the Health ....
Appointment conditions are binding, and part-time employees are not eligible for the benefit of full-time employees as per Rule 11(4) of the Tamil Nadu Pension Rules.
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