SURYABHAN NATHA BOTULEversusSTATE OF MAHARASHTRA THR ITS PRINCIPAL SECRETARY AND OTHERS

2026:BHC-AUG:42680-DB


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                 drp
                         IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                    BENCH AT AURANGABAD

                                 WRIT PETITION NO.12116 OF 2026

                 Suryabhan Natha Botule                                PETITIONER

                        VERSUS

                 The State of Maharashtra and Others                RESPONDENTS

                                               .......
                 Mr. Balaji S. Dambe, Advocate for the Petitioner
                 Mr. S. R. Wakle, AGP for Respondent - State
                                               .......

                             [CORAM : NITIN B. SURYAWANSHI, &
                                      ABASAHEB D. SHINDE, J. J.]

                                    DATE : 15th SEPTEMBER, 2026

                 ORDER :

                 1.     By this Petition, the Petitioner seeks directions to the

                 Respondents to consider 50% service rendered by him as Part

                 Time Librarian from 28.03.1992 to 10.06.2006 and thereafter as

                 Full Time Librarian till 1 st June, 2026 as qualifying service for

                 pension and pay the pension and arrears of pension.


                 2.     The Petitioner was appointed as a Part Time Librarian in

                 private aided school i.e. Shahu Vidyalaya, Jaikwadi, Taluka

                 Paithan, on 28th March, 1992. He was made Full Time Librarian

                 with effect from 3rd August, 2006. The Petitioner stood retired on

                 attaining the age of superannuation with effect from 31 st May,
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2026. The Petitioner has placed reliance on Rule 57, Note-1 of

the Maharashtra Civil Services (Pension) Rules, 1982. It is

further urged that the Petitioner is governed by the pension

scheme prevailing prior to 31st October, 2005.


3.    The controversy involved in the present case is covered by

the decision of this Court dated 9 th July, 2018 in Writ Petition No.

5421 of 2017 (Nagpur Bench), which takes into consideration the

earlier decisions also (consistent view taken by this Court). The

decision holds that the Petitioner therein is entitled to claim 50%

of the part time service rendered by him for the purpose of

pension and date of appointment as part time librarian has to be

taken into consideration for the purpose of pension. Paragraph 4

of the said decision is relevant and it is reproduced below:


     “4.    We have gone through the Government Resolution dated
     31.10.2005 and we do not find that Clause 4 (b) therein makes any
     distinction between the Part Time and Full Time employees. It states
     that the decision contained in the said Government Resolution shall
     mutatis mutandis apply to the employees who are recruited on or
     before 1.11.2005, to whom the existing Pension Scheme or General
     Provident Scheme would be applicable. Undisputedly, the husband of
     the Petitioner was recruited on 1.7.1998 as a Part Time Librarian
     and we find that the stand of the Respondents is that Clause 4 (b)
     contains the recruitment as a Full Time employee as on 1.11.2005, is
     artificial and it is not borne out from the said Government
     Resolution.”
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4.    The stand taken by the Respondents that the date of

appointment as full time librarian can only be considered, as it is

a fresh appointment. This contention has already been rejected.

We are also unable to accept this plea that the appointment as

full time librarian is a fresh appointment. The service of the

Petitioner has to be counted from the first date of appointment

and therefore the pension scheme prevailing prior to 1 st

November, 2005 would be applicable to the Petitioner. In the

result, the Writ Petition is allowed and the following order is

passed:

                              ORDER

     a.     50% service rendered by the Petitioner as part

            time librarian from 28th March, 1992 till 1st June,

            2006 shall be taken into consideration while

            computing the pensionable service rendered by

            the Petitioner.


     b.     The Petitioner shall be entitled to the benefit of

            pension scheme prevailing prior to 1 st November,

            2005.


     c.     Pension and consequential pensionary benefits

            including arrears of the pension be paid to the
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            Petitioner from the initial date of appointment

            and this exercise shall be carried out within a

            period of four months from the date of receipt of

            copy of this order.



[ ABASAHEB D. SHINDE ]                  [ NITIN B. SURYAWANSHI ]
         JUDGE                                     JUDGE

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