The Bombay High Court directed the State to process the pension for a retired teacher, Petitioner, including 50% of his prior part-time service as Shikshan Sevak. The Court held that under Rule 57 of the Maharashtra Civil Services (Pension) Rules, part-time service can be considered for pension eligibility. Additionally, it awarded interest on delayed payments, highlighting the accountability of government officers in administrative delays.

1. Introduction:

   • The petitioner, Mr. Babaso Awate, sought directions for pension release, including his part-time service, from the State of Maharashtra after retiring in 2015 as a Full-Time Assistant Teacher.

2. Prayer Clauses and Relief Sought:

   • Awate requested that his part-time service as Shikshan Sevak be counted towards his pensionable years, asking for pension arrears from August 2015.

3. Service History:

   • Awate, a Scheduled Caste teacher, was initially appointed as a Part-Time Shikshan Sevak in 2002. He became a Full-Time Teacher in 2006 and retired in 2015.

4. Dispute and Previous Judgment:

   • The dispute arose when the Accountant General questioned whether his part-time service could count toward the 10-year pension eligibility. A 2016 court ruling had affirmed his entitlement.

5. Court’s Legal Reasoning:

   • The Court referenced previous rulings, including Jyoti Prakash Chougule vs. State of Maharashtra, to affirm that 50% of part-time service can count towards pension eligibility under Rule 57 of the Maharashtra Civil Services (Pension) Rules.

6. Government's Inaction and Delay:

   • Despite clear court orders in 2016, the Accountant General failed to process Awate’s pension for over 7 years, prompting this writ petition.

7. Grant of Pension and Interest:

   • The Court mandated that Awate's pension be calculated considering part-time service, with arrears to be paid within 60 days, and interest at 12% on gratuity and delayed pension.

8. Responsibility for Delay:

   • The Court further directed the State to investigate the delay in pension disbursement under the Maharashtra Civil Services (Pension) Rules, fixing accountability on responsible officers.

Acts and Sections Discussed:

• Maharashtra Civil Services (Pension) Rules, 1982:
  • Rule 57: Allows 50% of part-time service to be considered for pension.
  • Rules 129-A and 129-B: Discuss interest on delayed pension and gratuity.
• Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 (MEPS): Referenced in the context of calculating service.

Ratio Decidendi: The Court ruled that part-time service can be factored into pension calculations, ensuring that public servants are not deprived of their pension due to administrative lapses. The decision emphasizes the application of Rule 57 and highlights the government's responsibility to disburse pensions in a timely manner, reinforcing administrative accountability under the Maharashtra Civil Services (Pension) Rules.

Subjects: Pension rights, service recognition, administrative delays.

#Pension #ServiceRecognition #AdministrativeLaw #ShikshanSevak #BombayHighCourt #PublicServantRights