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Bombay High Court

PRATIBHA SUHAS GOGATEversusSTATE OF MAHARASHTRA THROUGH PRIN. SECRETARY DEPT. OF SCHOOL, EDU. AND SPORTS AND ORS

Decided
Disposal
Disposed Off

Holding

The petition is allowed; the petitioner is entitled to pension under the Old Pension Scheme with one‑half of her part‑time service counted towards qualifying service.

Summary

The petitioner, a retired full‑time librarian, sought direction under Article 226 to have her pension calculated under the Old Pension Scheme, contending that her earlier part‑time service from July 1994 should be counted at half‑rate towards qualifying service. She retired on 30 November 2013, having been appointed full‑time on 24 December 2004, which is before the cut‑off date of 1 November 2005 for the Defined Contribution Pension System. The State acknowledged that her full‑time appointment fell before the cut‑off and argued that, per Rule 57 of the Maharashtra Civil Services (Pension) Rules, 1982, half of her prior part‑time service could be credited. Relying on the Full Bench decision in Deshmukh Dilipkumar Bhagwan vs. State of Maharashtra, the Court held that the half‑service rule applies and ordered the pension to be granted accordingly. The Court directed that arrears be paid within four weeks with 8% interest and that the management resubmit the pension proposal if necessary.

Issues considered

  • Whether part‑time service rendered before conversion to a full‑time post can be counted, at half‑rate, towards qualifying service for the Old Pension Scheme.
  • Whether the petitioner is entitled to pension benefits under the Old Pension Scheme despite the introduction of the Defined Contribution Pension System in 2005.

Legislation cited

Subjects

  • Old Pension Scheme
  • part‑time service
  • pension entitlement
  • Rule 57
  • Article 226
  • writ of mandamus
  • arrears of pension
  • Maharashtra civil service

Judgment

                                                                                           15.WP14296_2024.DOC
2026:BHC-AS:37757-DB

       Vidya Amin
                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   CIVIL APPELLATE JURISDICTION

                                     WRIT PETITION NO. 14296 OF 2024

               Pratibha Suhas Gogate                                                   … Petitioner
                      Vs.
               State of Maharashtra & Ors.                                             … Respondents
                                                   __________
               Mr. Ajit J. Kenjale a/w. Sai Rajendra Kadam for the petitioner.
               Mrs. Nisha M. Mehra, AGP for the State.
                                                   __________

                                              CORAM:          G. S. KULKARNI &
                                                              DR. NEELA GOKHALE, JJ.
                                              DATE:           8 SEPTEMBER, 2026.

               P.C.

               1.      Rule, made returnable forthwith. By consent of the parties, heard finally.


               2.     This petition under Article 226 of the Constitution of India has prayed for

               the following substantive reliefs:

                      “a)     That this Hon’ble Court may be pleased to direct the respondents to
                      consider the petitioner’s case for application of the old pension scheme by
                      considering commencement of qualifying services from the date of initial
                      appointment on part time basis and for which one half of that service be
                      calculated towards the applicability of the pension benefits to the petitioner.

                      b)      That this Hon’ble Court may be pleased to direct to forthwith take
                      action on the petitioner’s representation dated 14.9.2020 and 9.12.2020 and
                      further to take decision on the letter dated 17.6.2021 to respondent no. 2 –
                      Divisional Deputy Director, Education, Mumbai Division, Mumbai.

                      c)      This Hon’ble Court may be pleased to exercise its power vested in it
                      under Article 226 of the Constitution of India and issue a writ of mandamus
                      or by any other writ to direct respondent no. 2 to 5 to consider
                      commencement of qualifying service for old pension and general provident
                      fund scheme benefits of the petitioner from the initial date of appointment on
                      part time basis and one half of that service needs to be calculated towards
                      their pension benefits.

                      d)      This Hon’ble Court be pleased to exercise its power vested in it under
                      Article 226 of the Constitution of India and issue a writ of mandamus or by
                      any other writ to direct the Respondent nos.2 to 5 to consider that the present
                      petitioner is entitled to pay fixation, time bound promotion, old pension

                                                      Page 1 of 4
                                                  8 September, 2026
                                                                       15.WP14296_2024.DOC



       scheme and general provident fund benefits without any arrears calculated
       from the date when the respective school of the petitioner attained the
       strength of 1000 students.”


3.     The case of the petitioner is that having retired as a full-time Librarian, she

was entitled to the grant of pension under the Old Pension Scheme, her

appointment being prior to the cut-off date of 1 November, 2005, i.e., prior to

the Defined Contribution Pension System (DCPS) being made applicable by the

Government Resolution dated 31 October, 2005.


4.     The relevant facts, which are not in dispute, are required to be noted: The

petitioner came to be appointed as a part time Librarian on 1 July, 1994 on an

aided post with St. Lawrence High School, Santacruz (W). She continued on the

said post for almost 10 years. On 24 December, 2004, she was appointed as a

full-time Librarian on an aided post. She superannuated on 30 November, 2013.

It is her case that she ought to have granted the benefit of the Old Pension

Scheme, as her appointment as a full-time Librarian was prior to the cut-off date

of 1 November, 2005. In any event, her contention is that her services as a part-

time Librarian with effect from 1 July, 1994 would also enure to her benefit.


5.     Although a reply affidavit has been filed to the petition, Ms. Mehra,

learned AGP, on instructions, submits that the petitioner would be correct in her

contention that her appointment to the post as full-time Librarian was itself prior

to the cut off date of 1 November, 2005, i.e., on 24 December, 2004. She

submits that, having regard to the prior service rendered by the petitioner as a

part-time Librarian with effect from 1 July, 1994, the petitioner would be entitled


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                                 8 September, 2026
                                                                           15.WP14296_2024.DOC



to the grant of pension under the Old Pension Scheme. We may observe that the

law in this regard is well settled. We refer to the judgment of the Full Bench of

this Court in Deshmukh Dilipkumar Bhagwan vs. State of Maharashtra 1, that

even otherwise the part-time service would be required to be taken into

consideration in accordance with the provisions of Rule 57 of the The

Maharashtra Civil Services (Pension) Rules, 1982, which is as under:

       57. Non-pensionable service. As exceptions to Rule 30, the following are not in
       pensionable service :-

            (a) Government servants who are paid for work done for Government but
            whose whole-time is not retained for the public service,

            (b) Government servants who are not in receipt of pay but are
            remunerated by honoraria,

            (c) Government servants who are paid from contingencies,

            (d) Government servants holding posts which have been declared by the
            authority which created them to be non-pensionable,

            (e) Holders of all tenure posts in the Medical Department, whether private
            practice is allowed to them or not, when they do not have an active or
            suspended lien on any other permanent posts under Government.

       Note 1.-In case of employees paid from contingencies who are subsequently
       brought on a regular pensionable establishment by conversion of their posts,
       one-half of their previous continuous service shall be allowed to count for
       pension.

       Note 2. In the case of persons who were holding the posts of attendants prior to
       1st April, 1966, one-half of their previous continuous service as attendants,
       shall be allowed to count for pension.”


6.     In this view of the matter, considering the fair stand taken on behalf of the

respondent, we are inclined to allow this petition by setting aside the decision of

denying pensionary benefits to the petitioner on the ground that the petitioner

had earlier discharged duties as a part-time Librarian from 1 July, 1994 to 24

December, 2004. The petition is accordingly allowed in terms of prayer clause (a).

1 2019(3)Mh.L.J. 903
                                       Page 3 of 4
                                   8 September, 2026
                                                                                             15.WP14296_2024.DOC



                        7.       The arrears of pension shall be credited to the petitioner’s account as

                        expeditiously as possible and, in any event, within a period of four weeks from the

                        date the copy of this order is made available, with interest at the rate of 8% p.a.


                        8.       Needless to observe that, in the event the petitioner’s proposal for pension

                        is required to be resubmitted, the Management shall resubmit the same, if not

                        already submitted, within a period of one week from today. No costs.




                        (DR. NEELA GOKHALE, J.)                                   (G. S. KULKARNI, J.)




Signed by: Vidya S. Amin                                     Page 4 of 4
Designation: PS To Honourable Judge                      8 September, 2026
Date: 16/09/2026 13:54:20


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