Bombay High Court
Dilip Nana Randive vs State Of Maharashtra And Ors on 6 December, 2023
Author: A.S.Chandurkar
Bench: A.S.Chandurkar
2023:BHC-AS:36338-DB
TRUSHA
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TUSHAR CIVIL APPELLATE JURISDICTION
MOHITE
Digitally signed by
TRUSHA TUSHAR
MOHITE
Date: 2023.12.06
18:45:20 +0530 WRIT PETITION NO.14880 OF 2022
Dilip Rana Randive
Age : 59 Years, Occ. Retired,
R/at: 501, 501, Vedant Bhuvi S. No.95/6B/1C,
Ghule Wasti, Mahadevnagar, Manjari,
District Pune - 412307 .... Petitioner
Versus
1. State of Maharashtra
[Summons to be served on the Learned
Government Pleader appearing forth
State of Maharashtra under Order XXVII,
Rule 4, of the Code of Civil
Procedure, 1908]
2. The Accountant General,
State of Maharashtra
3. The Education Officer
(Secondary)
Pune Zilla Parishad, Pune
4. The Rayat Shikshan Sanstha,
Western Region, Aundh, Pune .... Respondents
Mr.Rahul S.Kadam for the Petitioner
Mr.Milind Deshmukh for the Respondents no.4
Mr.N.C.Walimbe, Addl. G.P. a/w Mr.K.S.Thorat for the Respondents -
State
CORAM: A.S.CHANDURKAR &
FIRDOSH P. POONIWALLA, JJ.
RESERVED ON: 28TH NOVEMBER 2023
PRONOUNCED ON: 6TH DECEMBER 2023
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JUDGMENT (PER : FIRDOSH P. POONIWALLA, J) :
1. Rule. Rule made returnable forthwith. Heard finally by consent of
the parties.
2. By this petition, the Petitioner has challenged the Order dated 14 th
September 2022 passed by Respondent no.3 - wherein it has been held that
the Petitioner is not entitled for the pension benefit under the Maharashtra
Civil Services (Pension) Rules, 1982, on the ground that the initial service
of the Petitioner was Part Time.
3. The Petitioner was initially appointed as a 'Part Time Librarian' at
Shree Sant Muktabai Vidyalaya, Shelgaon, Taluka - Indapur, District -
Pune, a school run by the Respondent no.4 Institution on 17 th April, 1995.
This appointment of the Petitioner was approved by the then Education
Officer (Secondary), Zilla Parishad, Pune by an Order dated 28th July 1997.
4. Thereafter, on 25th April 2007, the Petitioner was transferred from
the said Shree Sant Muktabai Vidyalaya to Sadhana Vidyalaya, Hadapsar
by a transfer order dated 25 th April 2007. The post of the Petitioner at
Sadhana Vidyalaya was of a Full Time Librarian. On 9 th October 2007, the
then Education Officer approved the said transfer order dated 25 th April
2007.
5. From his transfer to Sadhana Vidyalaya, on 25 th April 2007, till his
retirement on 30th April 2022, the Petitioner worked as a Full Time
Librarian. On 30th April 2022, the Petitioner retired due to superannuation.
6. Thus, the total Part Time service of the Petitioner from 17 th April
1995 till his transfer as a Full Time Librarian on 25 th April 2007 was twelve
years and his service as a Full Time Librarian from 25 th April 2007 till 30th
April 2022 was fifteen years. It is the case of the Petitioner that, as per the
Maharashtra Civil Services (Pension) Rules, 1982, for counting the services
for pension benefit, half of the period of the Part Time service has to be
treated as Full Time i.e. six years and Full Time service of fifteen years was
also to be considered. Accordingly, the total service of the Petitioner for
pension benefit is six years plus fifteen years i.e. twenty one years. It is also
the case of the Petitioner that therefore he is clearly entitled to pension
benefits as per the Maharashtra Civil Services (Pension) Rules, 1982.
7. Further, it is also the case of the Petitioner that, he being entitled for
the said pension benefit, the Respondent no.4 - Education Institution
rightly forwarded the proposal for grant of the said pension benefit to
Respondent no.3.
8. By an Order dated 14th September 2022, Respondent no.3 held that
the Petitioner was not entitled for the pension benefit under the
Maharashtra Civil Services (Pension) Rules, 1982, on the ground that the
initial service of the Petitioner was on a part time post.
9. The said reason given by Respondent no.3 cannot be sustained in the
light of the settled law to the contrary. The settled position in law is that
the date of appointment on Part Time basis is required to be treated as the
date of entry into service for the purpose of applicability of the pension
scheme under the Maharashtra Civil Services (Pension) Rules, 1982, and
that further, even in respect of part time employees, their part time services
have to count towards qualifying service for pension, albeit only 50%. This
settled position of law has been laid down in various judgments of this
Court. However, in order not to burden this judgment, we would like to
refer to the following judgments; (i) Anil Popat Chobhe v. State of
Maharashtra1 and (ii) Pratibha Prakash Almast and Others vs. State of
Maharashtra and Ors.2 which have been cited on behalf of the Petitioner,
which uphold the aforesaid position in law.
10. In the aforesaid circumstances, and for the aforesaid reasons, the
impugned Order dated 14th September 2022 is required to be set aside and
necessary directions are required to be given to the Respondents.
11. Accordingly, we pass the following Orders:
a. Order dated 14th September 2022 passed by Respondent no.3
is quashed and set aside.
b. Respondent no.3 is ordered and directed to forward the
pension proposal of the Petitioner to Respondent nos.1 and 2 for the
grant of pension benefit under the Maharashtra Civil Services
(Pension) Rules, 1982, within a period of three weeks from the date
1 (2022) SCC Online BOM 1726
2 (2023) SCC Online BOM 1262
of uploading of this Order.
c. Respondent nos.1 and 2 are directed to determine the
entitlement of the Petitioner to pensionary benefits by taking into
account 50% of the total part time service rendered alongwith the
entire full time service rendered by him and thereafter, grant the
Petitioner pensionary benefits in accordance with law within a
period of eight weeks from the date of receipt of the proposal.
d. Rule is made absolute in the aforesaid terms.
e. Writ Petition is disposed of.
f. In the facts and circumstance of the case, there shall be no
order as to costs.
(FIRDOSH P. POONIWALLA, J.) (A.S.CHANDURKAR, J.)
