The court affirmed that part-time service can be counted for pension benefits, supporting the claim based on prior judgments.

ORDER :

1. Since the issue involved in all the petitions are one and the same, they are taken up together and a common order is being passed.

2. The brief facts of the case in W.P.No.18147 of 2023 is that initially, the petitioner was appointed as a part-time vocational instructor on 12.02.1989 and subsequently, she was posted as a full time vocational instructor with effect from 07.11.1997. After rendering for more than 29 years of service to the Department, the petitioner retired on 31.05.2018. The petitioner was sanctioned with pension by calculating the regular service rendered from 07.11.1997 to 31.05.2018 and as per various orders of this Court and orders of the Apex Court, if 50% part time service is taken into account, the petitioner will get some revised pensionary benefits. Hence the petitioner submitted representation to the respondents, the same has not been considered by the respondents, hence this petition.

3. The brief facts of the case in W.P.No.18149 of 2023 is that initially, the petitioner was appointed as a part-time vocational instructor on 15.02.1985 and subsequently, she was posted as a full time vocational instructor with effect from 10.05.1995. After rendering for more than 28 years of service to the Department, the petitioner retired on 31.05.2013. The petitioner was sanctioned with pension by calculating the regular service rendered from 10.05.1995 to 31.05.2013 and as per various orders of this Court and orders of the Apex Court, if 50% part time service is taken into account, the petitioner will get some revised pensionary benefits. Hence the petitioner submitted representation to the respondents, the same has not been considered by the respondents, hence this petition.

4. The brief facts of the case in W.P.No.18150 of 2023 is that initially, the petitioner was appointed as a part-time vocational instructor on 15.02.1989 and subsequently, he was posted as a full time vocational instructor with effect from 07.11.1997. After rendering for more than 30 years of service to the Department, the petitioner retired on 31.05.2019 The petitioner was sanctioned with pension by calculating the regular service rendered from 15.2.1989 to 06.11.1997 and as per various orders of this Court and orders of the Apex Court, if 50% part time service is taken into account, the petitioner will get some revised pensionary benefits. Hence the petitioner submitted representation to the respondents, the same has not been considered by the respondents, hence this petition.

5. The learned counsel for the petitioners would submit that the act of the respondents in non-adding the 50% part-time services along with regular services as they were regularly absorbed prior to 01.04.2003 would amount to hostile discrimination and as against various orders of this Court and is 'unfair and unjustified' and the petitioners are entitled to count their 50% part-time service along with the regular services rendered by them, for the purpose of qualifying service for pension.

6. The learned Government Advocate (Education) appearing for the respondents 1 to 5 submits that in W.A.No.882 of 2017 batch cases, it is also rendered that “(i) 50% of the services rendered by the respondents herein as Part Time Vocational Instructor (either as Single part time or double part time Vocational instructor) shall be counted for the purpose of computing pension and other retrial benefits.(ii) The above said benefit shall be extended only to the respondents in these writ appeals and or the persons similarly situated like that of the respondents herein, whose cases are pending before this Court. Thus it is made clear that the above said benefit shall not be extended to any other future cases that may be filed on this account, on the ground of delay and laches, since all along they have not come up before this Court and remained as fence-sitters. It is also needless to point out that allowing such cases would amount to opening the pandora's box touching upon the financ