IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3368 2022 Ashok Kakasaheb Chaugule Age: 59; Occu.: Nil, Residing at: Sawantwadi, Juna Bazar, Bihind Kalawati Mandir, Near School No.2, Tal. Sawantwadi, Dist.Sindhudurg-416510 ….Petitioner Versus

1. State of Maharashtra, Through the Secretary, Ministry of Education, Mantralaya, Mumbai – 400 032.

2. The Account General (Accounts & Entitlement), 2^nd Floor, Pratiksha Bhavan, New Marine Lines, Maharshi Karve Road, Churchgate, Mumbai – 400 020.

3. The Education Officer (Secondary), Zilla Parishad, Sindhudurg, Dist : Sindhudurg.

4. Sauth Ratnagiri District Education Society, Sawantwadi, Through its Chairman/Secretory, Tal. Sawantwadi, Dist. Ratnagiri.

5. The Principal, Pancham Khemraj Mahavidyalaya Sawantwadi, Tal. Sawantwadi, Dist. Sindhudurg.

6. Shikshan Prasarak Mandal Sawantwadi, Through its Chairman Secretory, Having Office at Sawantwadi, Digitally signed by REKHA PRAKASHPATIL PATIL Date:

2025.04.03 +0530 Tal. Sawantwadi, Dist. Sindhudurg.

7. The Principal, Rani Parvatibai High School Sawantwadi, Tal.Sawantwadi, Dist. Sindhudurg. ….Respondents ----

Ms. Manisha Devkar a/w Ms. Siddhi Patil, for the Petitioner.

Mr. B. V. Samant, Add. G. P. a/w Mr. P. J. Gavhane, AGP, for Respondent Nos. 1 to 3 – State.

Ms. Rekha Musale, for Respondent Nos. 4 and 5.

Mr. Krishna A. Tarde i/b Prashant S. Hagare, for Respondent Nos. 6 and 7.

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CORAM : RAVINDRA V. GHUGE &

ASHWIN D. BHOBE, JJ.

DATE : 27th March, 2025 ORAL JUDGMENT (Per Ravindra V Ghuge, J)

1. This Petition was lodged on 29^th June, 2019. It was on a stamp number and registered in the year 2022.

2. Rule. Rule made returnable forthwith and heard finally by the consent of the parties.

3. Two issues have been raised in this Petition. Firstly, that the 50% of the part-time employment of the Petitioner be added to his tenure as a full time employee. The second aspect which naturally crops up is on account of the change effected by the Government Resolution dated 31^st October, 2005 with reference to the defined Contributory Pension Scheme.

4. The Petitioner was working as a part-time Assistant Teacher with Respondent Nos. 4 and 5, from 27^th August, 1986 until 28^th February, 2007. At the same time, he was working as a part- time Assistant Teacher with Respondent Nos. 6 and 7, from 17^th July, 1991 to 15^th June, 2007. He was appointed as a full-time Teacher with Respondent Nos. 6 and 7, w.e.f. 15^th June, 2007 and he superannuated on 31^st May, 2018.

5. The learned Advocate for the Petitioner has canvased that the Petitioner was working with Respondent Nos. 6 and 7, as a part-time Assistant Teacher from 17^th July,1991 till 15^th June, 2007 and as a full-time Teacher from 15^th June, 2007 to 31^st May, 2018. Hence, his part-time service from July, 1991 to June 2007 be considered to the extent of 50% in order to be added to his full-time service from June, 2007 to May, 2018. He places reliance upon the following judgments:

(a) Writ Petition No.2354 of 2012 (Jyoti Prakash Chougule vs. State of Maharashtra and Ors.) decided on 7^th January, 2014.

(b) Writ Petition No. 8289 of 2013 ( Shalini w/o Asaram Akkarbote vs. The State of Maharashtra and Ors.)

decided on 29^th April, 2014.

(c) Writ Petition Nos. 6805 and 5106 of 2014 ( Anagha Ashok Bhombe vs. State of Maharashtra and Ors. )

decided on 27^th April, 2015.

(d) Writ Petition No. 5421 of 2017 ( Smt. Darshana wd/o Adikrao Gaikwad vs. State of Maharashtra and Ors.)

decided on 9^th July, 2018.

6. The learned AGP has vehemently opposed this Petition and submits that neither any prayer put forth by the Petitioner can be considered, nor can it be said that the Petitioner is entitled for the Old Pension Scheme. He submits that the service of the Petitioner as a part-time Assistant Teacher, is of no consequence. He was not paid from the contingency fund. The exceptions to Rule 30 as prescribed under Rule 57 of the Maharashtra Civil Services (Pension) Rules, 1982 would be squarely applied to this case.

7.