Case Note & Summary
The judgment concerns four writ petitions filed by retired employees of Vasantrao Naik Marathwada Agriculture University, Parbhani, seeking pensionary benefits under the Maharashtra Civil Services (Pension) Rules, 1982. The petitioners, Digambar Dnyanoba Kolekar, Abdul Raheem Shaikh Ahmed, Gulam Murtuza Gulam Gaus, and Ulhas Mahadeorao Khambayatkar, retired between 2016 and 2017 after serving the University for decades. Upon retirement, they were denied pension by the University on the ground that the State Government had adopted a Defined Contribution Pension Scheme (DCPS) with effect from 01.11.2005, and the University had adopted the same from 01.04.2006. The petitioners contended that they were appointed before the adoption of the DCPS and that their pensionary rights were governed by the rules in force at the time of their retirement. The University argued that the petitioners were not entitled to pension as they had not contributed to the pension fund and that the University had adopted the DCPS. The Court examined the relevant rules and Government Resolutions. It noted that the petitioners had retired before the University adopted the DCPS and that the University had not adopted any resolution to deny pension to employees who retired before the adoption of the new scheme. The Court held that the petitioners were entitled to pension under the Maharashtra Civil Services (Pension) Rules, 1982, as they had retired before the University adopted the DCPS. The Court directed the University to compute the pension payable to each petitioner within three months and pay the same with arrears. The writ petitions were allowed.
Headnote
A) Service Law - Pension - Entitlement to Pension - Maharashtra Civil Services (Pension) Rules, 1982 - The petitioners, retired employees of Vasantrao Naik Marathwada Agriculture University, claimed pension under the 1982 Rules. The University denied pension on the ground that the State Government had adopted a Defined Contribution Pension Scheme from 01.11.2005, and the University had adopted the same from 01.04.2006. The Court held that the petitioners retired before the University adopted the new scheme, and therefore, they are entitled to pension under the pre-amendment rules. The Court directed the University to compute and pay pension within three months. (Paras 1-10) B) Service Law - Pension - Applicability of Government Resolutions - Maharashtra Civil Services (Pension) Rules, 1982 - The University relied on Government Resolutions dated 31.10.2005 and 30.03.2006 to deny pension. The Court held that these resolutions were not applicable to the petitioners as they had already retired before the University adopted the Defined Contribution Pension Scheme. The Court emphasized that pension rules in force at the time of retirement govern the employee's entitlement. (Paras 5-9) C) Service Law - Pension - University Employees - Maharashtra Civil Services (Pension) Rules, 1982 - The petitioners were employees of Vasantrao Naik Marathwada Agriculture University, which is governed by the Maharashtra Agricultural Universities (Krishi Vidyapeeth) Act, 2016. The Court held that the University is bound to follow the Maharashtra Civil Services (Pension) Rules, 1982, as adopted by the University, and cannot deny pension to employees who retired before the adoption of any new scheme. (Paras 1-10)
Issue of Consideration
Whether the petitioners, who retired from Vasantrao Naik Marathwada Agriculture University before the adoption of the Defined Contribution Pension Scheme, are entitled to pension under the Maharashtra Civil Services (Pension) Rules, 1982?
Final Decision
The Court allowed the writ petitions and directed the University to compute the pension payable to each petitioner within three months and pay the same with arrears.
Law Points
- Pension is a right
- not a bounty
- and must be governed by rules in force at the time of retirement
- University employees are entitled to pension under Maharashtra Civil Services (Pension) Rules
- 1982 if they retired before the adoption of the Defined Contribution Pension Scheme
- The University cannot deny pension by relying on subsequent amendments or government resolutions that were not adopted before the employee's retirement.
