Case Note & Summary
The Petitioner, Smt. Suvarna Harishchandra Chavan, an Art Teacher aged 68, filed a Writ Petition before the Bombay High Court seeking pension under the Old Pension Scheme. She had served as a full-time Art Teacher at Respondent No. 6, Kamalini Karnabadhir Vidayalaya, a special school for the deaf, from 1 December 1998 to 10 October 2002 on an unaided post, and from 11 October 2002 until her superannuation on 31 March 2012 on an aided basis. The institution received 100% grants-in-aid from the Government. The Petitioner's pension proposal was returned by the authorities vide order dated 29 December 2015 on the ground that she had not put in qualifying service. The core legal issue was whether the Petitioner was working in an institution that received 100% grants-in-aid prior to the cut-off date of 1 November 2005, as per Government Resolution dated 31 October 2005, making her eligible for the Old Pension Scheme. The Petitioner argued that her service from 11 October 2002 to 31 March 2012, being 9 years 5 months 18 days, constituted qualifying service. The respondents contended that the Petitioner did not meet the eligibility criteria. The Court, after considering submissions, held that the Petitioner was indeed working in a 100% grant-in-aid institution prior to the cut-off date and was entitled to pension under the Old Pension Scheme. The Court allowed the petition, quashed the order dated 29 December 2015, and directed the respondents to consider and sanction the Petitioner's pension as a special case, treating her service from 11 October 2002 to 31 March 2012 as qualifying service.
Headnote
A) Service Law - Pension - Old Pension Scheme - Eligibility - Government Resolution dated 31.10.2005 - The issue was whether the Petitioner, an Art Teacher in a special school, was entitled to pension under the Old Pension Scheme. The Court held that since the institution received 100% grants-in-aid prior to the cut-off date of 01.11.2005, the Petitioner's service from 11.10.2002 to 31.03.2012 qualified for pension. The Court directed the respondents to consider and sanction pension as a special case. (Paras 2, 4, 5)
Issue of Consideration
Whether the Petitioner was working in an Institution which received 100% grants-in-aid from the Government, prior to the cut-off date of 01.11.2005, in the light of the Government Resolution dated 31.10.2005, so as to make him eligible for Pension as per the Old Pension Scheme.
Final Decision
The Court allowed the Writ Petition, quashed the order dated 29/12/2015, and directed Respondent Nos. 1 to 3 to consider and sanction the Petitioner's pension as a special case, treating the service rendered from 11.10.2002 to 31.03.2012 as qualifying service for pension.
Law Points
- Pension eligibility
- Old Pension Scheme
- cut-off date
- qualifying service
- grant-in-aid institution
- Government Resolution 31.10.2005
