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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Ravindra V.Ghuge, Ashwin D.Bhobe
Suvarna Harishchandra Chavan – Appellant
Versus
State of Maharashtra – Respondent
| Table of Content |
|---|
| 1. eligibility for pension based on service duration and grant-in-aid status. (Para 1 , 2 , 3 , 4) |
| 2. prior service in unaided post factored into pension eligibility. (Para 5 , 6) |
| 3. clarification of pension eligibility requirements for employees of aided institutions. (Para 7 , 8 , 9) |
| 4. court's directive on qualifying service for pension granted. (Para 10 , 11) |
| 5. interest on unpaid pension and principles surrounding delay in claims. (Para 12 , 13 , 14 , 15) |
| 6. final ruling issued based on previous considerations. (Para 16) |
JUDGMENT :
RAVINDRA V. GHUGE, J.
1. Rule. Rule made returnable forthwith and heard finally by the consent of the parties.
2. We have considered the strenuous submissions of the learned Advocates appearing for the parties. The question is as to whether the Petitioner was working in an Institution which received 100% grants-in-aid from the Government, prior to the cut-off date of 01.11.2005, in the light of the Government Resolution dated 31.10.2005, so as to make him eligible for Pension as per the Old Pension Scheme.
3. The Petitioner has put forth prayer clauses (a), (b) and (c), as under :-
“a] This Hon'ble Court may after considering legality validity
Eligibility for pension under the Old Pension Scheme is contingent on service in institutions receiving 100% grants before the cut-off date of 01.11.2005, with precedents acknowledging prior unaided ....
The court ruled that the entire service of the petitioner from 1979 to 2015 must be considered for pension calculation, subject to the deposit of management contributions, as earlier cut-off dates we....
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 expression ‘qualifying service’ is defined in Rule 5(1)(f) of the Mumbai Municipal Corporation Pension Rules, 1953 to mean and include among others duty performed in a permanent post.
A teacher's continuous service before the cut-off date of 1.4.2003 qualifies for old pension benefits despite later regularization, affirming the principle of service continuity.
Part-time service can be counted towards pension eligibility under Maharashtra Civil Services (Pension) Rules, 1982, provided cumulative service exceeds ten years.
Point of law: practice of the Government issuing Government Orders for fulfilling the needs of individual persons, for one reason or the other, should be put a stop to, as otherwise the clause of equ....
Employees appointed prior to 1st November, 2005 in fully aided educational institutions are entitled to the old pension scheme, irrespective of whether they were appointed on a part-time or full-time....
The absence of statutory provisions for pensionary benefits prevents the extension of such benefits to retired employees of aided schools despite claims of equality with government employees.
The court emphasized that periods of service in unaided colleges, when accompanied by a lien and salary from the aided institution, should count towards qualifying service for pension benefits.
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