Part-Time Teachers In Night Junior Colleges Not Entitled To Pensionary Benefits Under MEPS Rules: Bombay HC

Background

Rajani Rajan Dixit was appointed as a part-time teacher in Chhatrapati Shivaji Night Junior College, Solapur, in 1984. While her appointment was temporary initially, she continued teaching for 29 years until her retirement in 2014. Over the years, she challenged several termination orders and service conditions through appeals and writ petitions. In 1993, the School Tribunal declared her a full-time teacher retrospectively, but this was overturned by the Bombay High Court in 2006 ('2006 Judgement'). The court had ruled that night school teachers, who work only 2.5–3 hours daily, cannot be treated as full-time employees under the MEPS Rules.

Despite the 2006 Judgement, Rajani repeatedly sought pensionary benefits, arguing that her 29 years of part-time service should be proportionally counted as 14.5 years of full-time service. She relied on a 2017 Government Resolution and precedents where part-time service was clubbed for pension calculations. The State and the college management opposed her claim, citing Rule 19 of the MEPS Rules and Rule 57 of the Pension Rules, which exclude part-time employees from pension eligibility.

Arguments

Rajani's counsel, Mr. Khateeb Vakil, contended that her prolonged service in a permanent post qualified her for pension under the MEPS Act. He cited judgments like Anagha Bhombe v. State of Maharashtra and Jyoti Prakash Chougule v. State of Maharashtra, where part-time service was factored into pension calculations. He argued that the 2017 Government Resolution supported her case.

The State, represented by Mr. P.P. Kakade, countered that night school teachers are classified as part-time under Rule 54.3 and Rule 67(1)(a)(4) of the Secondary School Code. Rule 19 of the MEPS Rules mandates full-time service for pension eligibility, and Rule 57 of the Pension Rules excludes part-time employees.

Court's Findings

Firstly, the court reaffirmed its 2006 Judgement, which held that night school teachers cannot be considered full-time employees. Since that decision was not challenged before the Supreme Court, the court held that it attained finality. The court also noted that under the Secondary School Code, night schools operate for only 2.5 to 3 hours daily, and their teachers are also designated as part-time employees.

Secondly, the court held that pension eligibility requires full-time service under Rule 19 of the MEPS Rules and Rule 30 of the Maharashtra Civil Services (Pension) Rules, 1982. However, Rule 57(a) expressly excludes part-time employees from pensionable service. Thus, the court ruled that Rajan's 29 years of part-time teaching could not be converted into 14.5 years of full-time service for pension purposes.

Thirdly, the court distinguished all cases cited by Rajan, noting that they involved full-time teachers whose part-time service was later regularized. In contrast, Rajan remained a part-time teacher throughout her career. Further, the court also found that the Government Resolutions cited by both parties, dated May 17, 2017, and June 30, 2022, had no bearing on Rajan's case as they were enacted after her retirement.

Lastly, citing Vijaysingh Ramsingh Patil v. State of Maharashtra (Bombay HC, SLP(C) No. 51380 of 2023), the court held that part-time employees, including librarians, were ineligible for pension even if they worked continuously in the same institution.

Accordingly, the court dismissed the writ petition. It held that Ms. Rajani Rajan was not entitled to pension benefits.

Decided on: 13-03-2025

Neutral Citation: 2025:BHC-AS:11831-DB | Rajani Rajan Dixit v. State of Maharashtra

Counsel for Petitioner: Mr. Khateeb Vakil

Counsel for Respondents: Mr. P.P. Kakade (Addl. GP) with Smt. Priyanka B. Chavan (AGP) for State; Mr. A.S. Kalekar for College Management.

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