Case Note & Summary
The judgment pertains to a writ petition filed by a part-time lecturer in Hindi who had rendered services in two different aided colleges and claimed pension and other retirement benefits as applicable to full-time approved teachers. The matter came before the High Court of Bombay following a reference made by a Division Bench, which noted that four single judge decisions had held that part-time lecturers working in two different managements were entitled to full salary and retirement benefits, while a subsequent Division Bench order in a different case had declined to grant similar benefits. The Division Bench, citing judicial discipline, referred the question to a larger bench. The petitioner had worked as a part-time lecturer in Elphinstone College from 1970 to 2002 and also served in other institutions, including Narsee Monjee College. His earlier termination was challenged in proceedings that resulted in a Division Bench ruling that he was entitled only to a part-time post. In the present writ petition, he sought the benefit of Government Resolution dated 21 July 1983, which extended pension and gratuity to full-time approved teaching and non-teaching staff of aided non-government colleges. The core legal issue referred was whether the 1983 Resolution intended to exclude part-time teachers who effectively functioned as full-time teachers and received full-time salary equivalents under earlier circulars. At the hearing, the petitioner’s senior counsel prayed that only this question of law be examined, and the Full Bench acceded to that prayer, confining its consideration to the referred question rather than the entire writ petition. The Court recapitulated the factual backdrop, including the petitioner’s service details, and placed on record the University of Bombay Circular dated 31 March 1970, which stipulated that a part-time teacher working in two different colleges would receive total emoluments equivalent to a full-time teacher, irrespective of the management. It also noted the Government Resolution dated 1 June 1981, which defined workload norms for part-time teachers. The judgment, however, ends abruptly before delivering any conclusion on the referred question or providing any final order or directions. Therefore, the substantive decision and ratio remain unrecorded in the available text.
Headnote
A) Labour and Employment – Part-Time Lecturers – Retirement Benefits – Government Resolution, 21 July 1983 and Maharashtra Civil Services (Pension) Rules, 1982 – The Full Bench was constituted to resolve conflicting views on whether the Government Resolution excluded part-time teachers who effectively worked full-time; the Court limited its consideration to this referred question of law, without entering into the factual disputes of the writ petition. (Paras 3-4)
B) Education Law – University of Bombay Circular – Emoluments – Circular dated 31 March 1970 provided that a part-time teacher working in two different colleges (even under different managements) would receive total emoluments equivalent to a full-time teacher; this provision formed the basis for the single judges' view that such teachers were entitled to pension and gratuity benefits. (Paras 8, 12-13)
Issue of Consideration
Whether the intent of the Government of Maharashtra in issuing the Circular dated 21st July, 1983, was to exclude the part-time teachers who, for all intents and purposes, are full-time teachers and also otherwise get the benefits of salary of full-time teachers.
Law Points
- interpretation of government resolution
- pension benefits for part-time lecturers
- effect of university circular on emoluments
- reference to larger bench for conflicting precedents
Case Details
2006 LawText (BOM) (10) 68
Writ Petition No. 1216 of 1991
R.M. Lodha, S.A. Bobde, S.B. Deshmukh
C.U. Singh, Smita R. Gaidhani, Iman Calcuttawala, Rui Rodrigues, B.V. Phadnis, Birendra Saraf, Mohan Salian
Bankerai Ambikarai Sharma
State of Maharashtra, University of Bombay, Dr. Urmila Rai (Principal, Narsee Monjee College), Principal, Elphinstone College
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Nature of Litigation
Writ petition seeking pension and retirement benefits for part-time lecturer
Remedy Sought
Declaration that petitioner is entitled to pension, gratuity and other retirement benefits as per Government Resolution dated 21 July 1983, applicable to full-time approved teachers
Filing Reason
The respondent authorities denied retirement benefits to petitioner on the ground that he was a part-time employee and not covered by the 1983 resolution
Previous Decisions
Earlier, the writ petition was referred by a Division Bench to a larger bench due to conflicting views; four single judge decisions had held part-timers in two colleges entitled to full benefits, while one Division Bench in another case had denied them
Issues
Whether the intent of the Government of Maharashtra in issuing the Circular dated 21st July, 1983, was to exclude the part-time teachers who, for all intents and purposes, are full-time teachers and also otherwise get the benefits of salary of full-time teachers.
Submissions/Arguments
Petitioner's counsel requested amendment and urged that only the question of law be considered by the Full Bench, contending that the 1983 resolution was not meant to exclude part-timers who work as full-time teachers.
Judgment Excerpts
The Division Bench, by the order dated 27th April, 2006, opined that the Writ Petition should be referred to larger Bench.
According to him the question of law that needs to be considered by the Full Bench is: whether the intent of the Government of Maharashtra in issuing the Circular dated 21st July, 1983, was to exclude the part-time teachers who, for all intents and purposes, are full-time teachers and also otherwise get the benefits of salary of full-time teachers.
We confine ourselves to the question of law suggested the senior counsel.
The petitioner has worked as part-time lecturer of Hindi in Elphinstone College from 1st July, 1970 to 30th July, 2002.
Factually thus, the petitioner worked as part-time lecturer in Elphinstone College from 1st July, 1970 to 30th April, 2002 and he also worked as part-time lecturer in different institutions from time to time and lastly in Narsee Monjee College (junior college) from 1st June, 1990 until 31st December, 2002.
the total emoluments of a part-time teacher in an Arts ... College shall be half of the pay plus half of the Dearness Allowance ... provided that in the case of a person who works as a part-time teacher in two colleges regardless of whether the two colleges are conducted by the same managing body/society or not, the total emoluments of the person in the two colleges taken together shall be the same as total emoluments of a full-time teacher in a college.
Government is now pleased to direct that the Pension, Gratuity and other retirement benefits admissible to the Maharashtra State Government Servants under The Maharashtra Civil Services (Pension) Rules, 1982, including the Family Pension, 1964 contained therein should be made applicable to the full time approved teaching and the non-teaching staff in recognised aided non-Government Arts, Science, Commerce and Education Colleges and the non-Agricultural Universities in the State who retired or retire on or after 1st October 1982.
Procedural History
The petitioner originally challenged termination of his services by filing an Appeal before the School Tribunal, which was dismissed as not maintainable. He then filed Writ Petition No.1699 of 1985, which was allowed by a learned single judge on 19 February 1987, directing reinstatement. On appeal, a Division Bench by judgment dated 12 April 1990 set aside that order, holding that the petitioner was entitled only to a part-time post. The present writ petition (No.1216 of 1991) was then filed seeking pension and retirement benefits. A Division Bench, by order dated 27 April 2006, referred the matter to a larger bench due to conflicting precedents between single judge decisions and an order of another Division Bench. The Full Bench was constituted and heard the reference on 20 October 2006, confining itself to the referred question of law.
Acts & Sections
- Bombay University Act, 1974:
- The Maharashtra Civil Services (Pension) Rules, 1982:
