Case Note & Summary
The petitioner, Mukund Bapurao Dhadkar, retired as Librarian from Bhagirath English School, Jalgaon on 31st July 2008. He was initially appointed as a part-time Librarian on 16th August 1977 and worked continuously in that capacity until 31st July 1991, completing more than 13 years, 11 months, and 16 days of part-time service. Thereafter, he was appointed as a full-time Librarian from 1st August 1991 and served until his retirement. The grievance was that his part-time service was not counted or converted into full-time service for the purpose of computing qualifying service for pension and post-retirement benefits. The petitioner filed a writ petition under Article 226 of the Constitution seeking directions to the State respondents to consider his part-time service by converting it into full-time service, relying on the judgment in Shalini Asaram Akkarbote v. State of Maharashtra (Writ Petition No.8289/2013 decided on 29th April 2014). The Court heard the parties and, noting that the part-time service was not in dispute, applied the ratio of the said judgment. The Court directed the respondents to consider the petitioner's part-time service from 16.08.1977 to 31.07.1991 by converting it into full-time service for the purpose of computing qualifying service for pension and pensionary benefits, and to pass appropriate orders within a specified period.
Headnote
A) Service Law - Pension - Qualifying Service - Part-time service conversion - Maharashtra Civil Services (Pension) Rules, 1982 - The petitioner, a part-time Librarian from 16.08.1977 to 31.07.1991, sought conversion of that service into full-time equivalent for pension. The Court held that part-time service can be converted to full-time service for computing qualifying service, following the ratio in Shalini Asaram Akkarbote v. State of Maharashtra. (Paras 3-5)
Issue of Consideration
Whether part-time service rendered by the petitioner as Librarian should be converted into full-time service and counted for qualifying service for pension and pensionary benefits.
Final Decision
Writ petition allowed. Respondents directed to consider part-time service from 16.08.1977 to 31.07.1991 by converting it into full-time service for computing qualifying service for pension and pensionary benefits, and pass appropriate orders within a specified period.
Law Points
- Part-time service can be converted to full-time equivalent for pension
- Ratio in Shalini Asaram Akkarbote applies
- Article 226 jurisdiction for pensionary benefits
