Case Note & Summary
The petitioner, Shri Mukund Marutirao Jagtap, filed a writ petition under Article 226 of the Constitution of India challenging the order/letter dated 14/07/2017 issued by Respondent No.2 (Education Officer) to Respondent No.3 (Head Master) rejecting the proposal for grant of family pension in respect of his deceased wife, Pramila Mukund Jagtap. The petitioner sought a direction to the respondents to grant pensionary and incidental benefits. The deceased wife was appointed as a part-time librarian at New English School, Mandaki from 17/09/1996 to 30/04/1997 and again from 09/06/1997 to 30/04/1998, with a break in service. Thereafter, she served as a part-time librarian at Yashwant Vidyalaya, Mavdik from 08/06/1998 to 31/03/2007. The total service was about 8 years and 9 months, but all as part-time. The petitioner argued that his wife had rendered continuous service and was entitled to pension. The respondents contended that part-time service is not pensionable under the Maharashtra Civil Services (Pension) Rules, 1982. The court analyzed the relevant rules and held that part-time service does not qualify as pensionable service. The court dismissed the petition, upholding the rejection order.
Headnote
A) Service Law - Family Pension - Part-Time Service - Maharashtra Civil Services (Pension) Rules, 1982 - The petitioner's wife served as a part-time librarian for a total period of about 8 years and 9 months with breaks. The court held that part-time service does not constitute pensionable service under the Rules, and therefore the petitioner is not entitled to family pension. The impugned order rejecting the proposal for family pension was upheld. (Paras 1-8)
Issue of Consideration
Whether the deceased wife of the petitioner, who served as a part-time librarian, is entitled to family pension under the Maharashtra Civil Services (Pension) Rules, 1982?
Final Decision
The petition is dismissed. The impugned order dated 14/07/2017 rejecting the proposal for family pension is upheld. No order as to costs.
Law Points
- Part-time service is not pensionable service
- Family pension eligibility requires pensionable service under Maharashtra Civil Services (Pension) Rules
- 1982
- No vested right to pension for part-time employees
