Smt. Sheela W/O Kisan Sirsat @ Sheela D/O ... vs State Of Maharashtra, Thr. Its ...
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Bombay High Court

Smt. Sheela W/O Kisan Sirsat @ Sheela D/O ... vs State Of Maharashtra, Thr. Its ... on 23 January, 2024

Author: Nitin W. Sambre

Bench: Nitin W. Sambre

                              1                              918-B-wp 6971.2018.odt


IN THE HIGH COURT OF JUDICATURE AT BOMBAY
          NAGPUR BENCH, NAGPUR
                WRIT PETITION NO. 6971 OF 2018
         ( Smt. Sheela w/o Kisan Sirsat vs. State of Maharashtra and others )

Office Notes, Office Memorandum of Coram,
appearances, Court's orders of directions                   Court's or Judge's order
and Registrar's orders.

           Mr.B.G.Kulkarni,   Mr.R.D.Dharmadhikari    and    Mr.S.N.Shende,
           Advocates for the petitioner.
           Mr.D.P.Thakre, Addl. GP for respondent Nos.1 & 2.

           CORAM : NITIN W. SAMBRE AND ABHAY J. MANTRI, JJ.

DATE : JANUARY 23, 2024

By the present petition the challenge is raised to the communication dated 07/09/2018, issued by respondent No.2 - the Accountant General. In the said impugned order the respondent No.2 has observed thus :-

" SMT. S.K.SIRSAT WAS APPOINTED AS A PART TIME LIBRARIAN W.E.F. 24.09.90 AND FROM PAGE NO.8 OF SERVICE BOOK IT APPEARS THAT SHE WAS UPGRADED AS A FULL TIME LIBRARIAN W.E.F. 01.04.06 I.E. AFTER 01.11.2005. THEREFORE DCPS WILL BE APPLICABLE TO THIS CASE. SERVICE OF THE GOVERNMENT SERVANTS WHO ARE PAID FOR WORK DONE FROM GOVERNMENT BUT WHOSE WHOLE TIME IS NOT RETAINED FOR THE PUBLIC SERVICE IS NON-PENSIONABLE SERVICE AS PER RULE 57(A) OF MCS PENSION RULES 1982. "

2) It is the case of the petitioner that after having been appointed as part time Librarian on 24/09/1990, her services were converted to that of full time Librarian on 01/04/2006. The petitioner stood superannuated on 31/05/2018. As such, the petitioner has rendered services as part time Librarian w.e.f. 24/09/1990 to 31/03/2006.

3) According to Mr.B.G.Kulkarni, learned counsel for the petitioner, the services rendered by the petitioner as part

KOLHE 2 918-B-wp 6971.2018.odt

time Librarian for the aforesaid period needs to be reckoned as full time by converting the same to its half.

4) According to him, the issue is squarely covered by the judgment of this Court in Writ Petition No.8656 of 2018 Surekha wd/o Vinayak Kathardekar vs. Joint Director Higher Education, and Writ Petition No.5129 of 2022 - Dr.(Mrs.) Vinaya Bhupendra Shahane vs. State of Maharashtra and others decided on 17/02/2020 and 07/11/2023 respectively.

5) Mr.Thakre, Additional Government Pleader seeks time to take instructions and verify the matter.

6) Time of one week is granted as a last chance.

                               7)            Stand over to 31/01/2024.




                                  ( ABHAY J. MANTRI, J. )           ( NITIN W. SAMBRE, J. )




                               KOLHE
Signed by: Mr. Ravikant Kolhe
Designation: PA To Honourable Judge
Date: 24/01/2024 18:48:36