Case Note & Summary
The petitioner, Smt. Shakuntala Ambadasrao Deshpande @ Anagha Arun Dharmadhikari, was appointed as a part-time Librarian on 13.6.1990 by Rashtriya Shikshan Samiti, Nanded, for Bharat Vidyalaya High School, which was receiving grant-in-aid since 1967. The post of part-time Librarian was eligible for grant-in-aid. From 30.3.1998, she was approved as a full-time Librarian and continued until her superannuation on 28.2.2005. She rendered total service of 14 years, 8 months and 19 days, comprising 7 years, 9 months and 16 days as part-time and the rest as full-time. Upon retirement, the respondent No.3 (Accountant General) issued a communication dated 3.3.2005 declining pensionary benefits on the ground that part-time service cannot be counted as qualifying service. The petitioner filed a writ petition under Article 226 of the Constitution of India challenging this communication and seeking a writ of mandamus to direct the respondents to count her part-time service for pension under the Maharashtra Civil Services (Pension) Rules, 1982 and the Maharashtra Civil Services (Commutation of Pension Rules), 1984, and to release pension with arrears. The Court considered the submissions of the petitioner's counsel, Mr. A.G. Ambetkar, and the respondents' counsel, Mr. P.S. Patil (AGP) and Mr. A.T. Kanawade. The Court held that part-time service is liable to be counted as qualifying service for pension, as pension is a right earned by service and not a bounty. The Court allowed the petition, quashed the communication dated 3.3.2005, and directed the respondents to count the part-time service and grant pension with arrears from the date of retirement within three months, failing which interest at 6% per annum would be payable from the date of retirement.
Headnote
A) Service Law - Pension - Qualifying Service - Part-Time Service - Maharashtra Civil Services (Pension) Rules, 1982, Rule 42 - The petitioner, appointed as a part-time Librarian on 13.6.1990, was approved as full-time Librarian from 30.3.1998 and retired on 28.2.2005. The respondent declined pension on the ground that part-time service cannot be counted as qualifying service. The Court held that part-time service rendered by the petitioner is liable to be counted as qualifying service for pension, relying on the principle that pension is not a bounty but a right earned by service. The Court directed the respondents to count the part-time service and grant pension with arrears from the date of retirement. (Paras 1-10) B) Service Law - Pension - Arrears - Interest - The Court directed that the arrears of pension be paid within three months, failing which interest at 6% per annum shall be payable from the date of retirement. (Para 10)
Issue of Consideration
Whether the period of part-time service rendered by the petitioner as a Librarian can be counted as qualifying service for the purpose of pension under the Maharashtra Civil Services (Pension) Rules, 1982.
Final Decision
The petition is allowed. The communication dated 3.3.2005 issued by Respondent No.3 is quashed and set aside. The respondents are directed to count the period of part-time service rendered by the petitioner as qualifying service for pension and to grant her pension with arrears from the date of retirement within three months. If the arrears are not paid within three months, interest at 6% per annum shall be payable from the date of retirement.
Law Points
- Part-time service counts as qualifying service for pension
- Pensionary benefits cannot be denied on ground of part-time nature of service
- Maharashtra Civil Services (Pension) Rules
- 1982 Rule 42
- Writ of mandamus for pension arrears
