Case Note & Summary
The petitioner, Anil Dhondiram Kore, was initially appointed as a part-time teacher on 30-06-1995 in a fully aided school. He worked until 30-11-2005. Subsequently, a full-time post fell vacant due to superannuation, and the school management issued an advertisement on 18-05-2005 to fill the post. The petitioner was selected and appointed as a full-time Assistant Teacher in Mathematics. However, due to a technical error, his appointment was initially recorded as part-time. The proposal for approval was submitted on 17-10-2005, but the Deputy Director of Education noticed the error and called for a corrected proposal. The petitioner sought benefits under the old pension scheme, which was denied on the ground that his appointment was after the cut-off date of 01-11-2005. The court held that since the selection process commenced before the cut-off date, the petitioner is entitled to the old pension scheme. Additionally, the court directed that 50% of his part-time service from 30-06-1995 to 30-11-2005 be counted for pensionary purposes, as he was later appointed to a full-time post in the same institution. The court allowed the writ petition and directed the respondents to grant the benefits accordingly.
Headnote
A) Service Law - Pension - Old Pension Scheme - Cut-off Date - Selection Process - An employee appointed after the cut-off date of 01-11-2005 but whose selection process commenced before that date is entitled to the benefits of the old pension scheme, as the right to pension crystallizes when the selection process begins. (Paras 1, 5-10)
B) Service Law - Pension - Part-Time Service - Counting - 50% of part-time service rendered prior to full-time appointment can be considered for pensionary purposes, provided the part-time service was continuous and followed by full-time appointment in the same institution. (Paras 1, 11-15)
Issue of Consideration
Whether an employee appointed after the cut-off date of 01-11-2005 but whose selection process commenced before that date is entitled to old pension scheme benefits, and whether 50% of part-time service can be counted for pensionary purposes when the employee is later appointed to a full-time post.
Final Decision
Writ petition allowed. Respondents directed to grant benefits of old pension scheme to the petitioner and to count 50% of his part-time service from 30-06-1995 to 30-11-2005 for pensionary purposes.
Law Points
- Old Pension Scheme eligibility
- cut-off date
- selection process commencement
- part-time service counting
- pensionary benefits
- Maharashtra Civil Services (Pension) Rules
- 1982
Case Details
WRIT PETITION NO. 396 OF 2021
M. S. Karnik, Ajit B. Kadethankar
Mr. S.R. Vasekar i/b. Mr. Satyajeet A. Rajeshirke for the Petitioner, Mr. A.A. Naik, A.G.P. for the Respondent Nos.1 to 4-State
The State of Maharashtra, The Accountant General, State of Maharashtra, The Deputy Director of Education (Secondary & Higher Secondary), Kolhapur, Educational Officer (Secondary) Zilla Parishad, Kolhapur, The Chairman / Secretary Shikshan Prasarak Mandal, Kolhapur, The Principal, Shahu Highschool and Jr. College, Kagal
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Nature of Litigation
Writ petition seeking benefits of old pension scheme and counting of part-time service for pensionary purposes.
Remedy Sought
Petitioner sought direction to respondents to grant him benefits of old pension scheme and to count 50% of his part-time service for pension.
Filing Reason
Denial of old pension scheme benefits on the ground that appointment was after cut-off date of 01-11-2005, and non-counting of part-time service.
Issues
Whether an employee appointed after the cut-off date of 01-11-2005 but whose selection process commenced before that date is entitled to old pension scheme benefits?
Whether 50% of part-time service can be counted for pensionary purposes when the employee is later appointed to a full-time post?
Submissions/Arguments
Petitioner argued that selection process commenced before cut-off date, hence entitled to old pension scheme.
Petitioner argued that part-time service should be counted for pension as per rules.
Respondents opposed, stating appointment was after cut-off date and part-time service cannot be counted.
Ratio Decidendi
An employee whose selection process commenced before the cut-off date for pension scheme change is entitled to the old pension scheme, even if appointment is after the cut-off date. Additionally, 50% of part-time service rendered prior to full-time appointment in the same institution can be counted for pensionary purposes.
Judgment Excerpts
Whether an employee appointed after the cut of date i.e. 01-11-2005 but while the selection procedure was commenced before such cut of date, shall be entitled for the benefits of old pension scheme ?
Whether 50% of the part time service tenure can be considered for the grant of pensionary purpose in respect of an employee, who stands accommodated on full time post in continuation of the service ?
Procedural History
The petitioner filed Writ Petition No. 396 of 2021 before the High Court of Judicature at Bombay, Circuit Bench at Kolhapur. The court heard the matter and delivered judgment on 23-12-2025.
Acts & Sections
- Maharashtra Civil Services (Pension) Rules, 1982:
