The Court rejected the petitioner's claim for pensionary benefits from his part-time appointment in 1980, holding that part-time service is not pensionable service under the relevant Government Resolution, which only addresses continuity of service.
Dismissal of the writ petition with no order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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WP1775.06Jt..doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 1775 OF 2006
Shri Gopalkrishna Shrinivas Kulkarni At 6-A, Sahyadri Society, Near Vikas Nagar, Solapur – 413 003. … Petitioner
v/s
Mr.S.G. Kudle for the petitioner.
Ms.S.S. Bhende, A.G.P. for the respondent Nos.1 and 2.
CORAM: MRS. VASANTI A. NAIK & MRS. MRIDULA BHATKAR, JJ.
DATED : 9TH MARCH, 2015
ORAL JUDGMENT (Per Mridula Bhatkar, J.):
Heard.
WP1775.06Jt..doc
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directed to pay the pensionary and retirement benefit from 21st July, 1980, the date on which he was appointed as a part-time Teacher in the college. The petitioner joined services on 21st July, 1980 and worked as a part-time Teacher till 21st July, 1987. In 1987, he was taken as a full-time Teacher and he was superannuated on 31st August, 2005 after completing his service of 25 years and one month, in Sangameshwar Junior College. The respondents held him eligible for the pensionary and retirement benefit from the date when he was made full time Teacher i.e. from 21st July, 1987.
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rendered his part-time service if in two spans in junior college, then, those two spans are to be counted for the purpose of continuity of service only.
“(v) The part-time service, if any, during the two spans of services as Junior College teachers, should be counted for the purposes of continuity of service only.” (emphasis placed).
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WP1775.06Jt..doc
On plain reading of clause (v), it appears that the clause gives protection to a Teacher who has rendered a part-time service in two spells in junior college and if at all the Teacher is given a technical break in between these two spans, then for the purpose of continuity of service only, clause (v) comes to the help of such Teacher. No petitioner is made full time lecturer by virtue of this clause. The learned counsel for the petitioner has not produced any other material or any other provision of law to substantiate his submission that a part-time service in a college is pensionable. Though qualification of part time lecturer is akin as compared to full time lecturer, there is no bar for part time lecturer to take another part time job. Right of person is always subject to the rules. The pensionary benefits are given to a full time Professor who gives his time or who is retained by the college as a full time Teacher. However, when the petitioner has worked only for parttime and there is no other rule or any provision of law is produced before us to accept the contention that part-time service is pensionable, hence we are unable to accede to the submissions of the learned counsel for the petitioner.
(MRIDULA BHATKAR, J.) ( VASANTI A. NAIK, J.)
2 issues framed by the court
Whether part-time service rendered by a teacher before becoming full-time is pensionable service for retirement benefits.
Whether clause (v) of the Government Resolution dated 7th June 1980 entitles the petitioner to pensionary benefits from the date of part-time appointment.
Colour shows how this judgement treated each authority
Banke Rai Ambika Rai Sharma vs. State of MaharashtraDistinguished¶25
Banke Rai Ambika Rai Sharma vs. State of Maharashtra, 2006 (6) Mh.L.J. 873 · Who else cites this
2 provisions across 2 enactments
Shri Gopalkrishna Shrinivas Kulkarni
The State of Maharashtra
The Dy. Director of Education, Pune Division
The Principal, Sangameshwar College (Junior), Solapur
Vasanti A. Naik
Mridula Bhatkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
