Case Note & Summary
The petitioner, Mrs. Pratibha Suryakant Kale, was appointed as a Part-Time Physical Training Instructor on a fixed pay at Yashodabai Khare Junior College of Education on 18.7.1987. Her appointment was initially for ten months and was renewed from time to time until 30.4.1996. Thereafter, she continued in service until her retirement on 31.5.2016. Her appointments were approved by the Deputy Director of Education and the Education Officer. Upon retirement, she sought the benefit of the Old Pension Scheme, but the Education Officer (Secondary) by communication dated 22.12.2020 denied her the benefit, stating that she was a part-time employee and not entitled to pension. The petitioner challenged this communication by way of a writ petition. The court considered the facts and the applicable Government Resolutions, including the Government Resolution dated 10.5.2000 and subsequent clarifications, which provide that part-time employees whose appointments are approved are entitled to pension under the Old Pension Scheme. The court held that the petitioner's service was continuous and approved, and therefore she was entitled to the benefit of the Old Pension Scheme. The impugned communication was quashed and set aside, and the respondents were directed to grant the petitioner the benefit of the Old Pension Scheme within three months. The writ petition was allowed.
Headnote
A) Service Law - Pension - Old Pension Scheme - Eligibility - Part-Time Employee - The petitioner was appointed as a Part-Time Physical Training Instructor on fixed pay from 18.7.1987, renewed periodically till 30.4.1996, and thereafter continued in service till 31.5.2016. Her appointments were approved by the Education Officer. The court held that the petitioner is entitled to the benefit of the Old Pension Scheme as her service was continuous and approved, and the denial by the Education Officer was unjustified. (Paras 2-6) B) Service Law - Pension - Old Pension Scheme - Government Resolution - Applicability - The court relied on Government Resolution dated 10.5.2000 and subsequent clarifications to hold that part-time employees whose appointments are approved are entitled to pension under the Old Pension Scheme. The impugned communication dated 22.12.2020 denying pension was quashed. (Paras 4-6)
Issue of Consideration
Whether the petitioner, who was appointed as a part-time Physical Training Instructor on fixed pay and whose appointment was approved from time to time, is entitled to the benefit of the Old Pension Scheme upon retirement.
Final Decision
The writ petition is allowed. The impugned communication dated 22.12.2020 is quashed and set aside. The respondents are directed to grant the petitioner the benefit of the Old Pension Scheme within three months from the date of the order.
Law Points
- Pension Scheme
- Old Pension Scheme
- Part-Time Employee
- Continuous Service
- Approved Appointment
- Government Resolution
- Education Officer
