Part-time Librarian Service in Aided School and Old Pension Scheme
On 12.6.1995, the petitioner was appointed as Part Time Librarian for one year in the aided school. On 12.6.1998, the petitioner was given permanent appointment on the said post. Both the appointments were approved by the Education Officer.
On 31.10.2005, the Government adopted Defined Contribution Pension Scheme in place of old pension scheme, for the government employees appointed on or after 1.11.2005.
By the Government Resolution dated 3.8.2006, the post was upgraded to full time Librarian in non-government aided secondary schools. The said resolution did not mention about the past part time service for pensionable service.
The petitioner’s contention is that the said cut-off date of 1 November, 2005 as prescribed under the GR dated 31 October 2005 would not be applicable to the petitioner inasmuch as the petitioner was in service on the post of part-time librarian from 12 June 1995 on an aided post. It is his case that G.R. dated 03 August 2006 does not provide that the earlier service as rendered by the petitioner from 12 June 1995 till 31 March 2006 should be discarded and/or not to be taken into consideration, so as to hold the petitioner ineligible for the benefit of the Old Pension Scheme.
The question which falls for determination is whether the petitioner would become entitled for pension under the old pension scheme by taking into consideration the petitioner’s part time employment as librarian during the period from 1995-96 to 2005-06.
it is quite clear that, in the facts and circumstances of the present case, it would be arbitrary on the part of the respondent to exclude the period of service rendered by the petitioner from 12 June 1995 to 31 March 2006 on the post of part-time librarian for the purpose of determining the qualifying service. In our opinion, Rule 57 Note 1 of the MCS (Pension) Rules would thus become applicable, and 50% of the period of part time service rendered by the petitioner would be required to be taken into consideration for calculating the qualifying service for the purpose of pension. Accordingly, the petitioner would become entitled to pension under the old pension scheme, by taking into consideration 50% of the period of service rendered as a part-time librarian together with the period of service spent on the full-time post of librarian, for determining the petitioner’s pensionable service. Accordingly, the petitioner’s qualifying service for the purpose of pension would Page 43 of 44 Uploaded on – 11/09/2026 Downloaded on – 16/09/2026 20:41:05 WP 11651-23.DOC be about 23 years (i.e approximately 5 years 4 months, i.e. , 50 % of service as part time librarian and 17 years 8 months as full time librarian) which is a period of about 5 years prior to the cut of date of 1 November 2005 being reckoned towards the qualifying service for the grant of pension.
Judgment dated 11.9.2026 of the High Court of Bombay in Writ Petition No.11651 of 2023 of Dadasaheb Sada Kadam Vs. The State of Maharashtra and others
