A teacher in a Night Junior College, working for limited hours, cannot be treated as a full-time employee. Part-time service cannot be converted into full-time service for pension purposes unless specifically provided by law. Rule 57 of the Maharashtra Civil Services (Pension) Rules, 1982, and Rule 70.4 of the Secondary School Code categorically exclude part-time employees from pension eligibility.

The High Court dismissed the petition, holding that the Petitioner was a part-time teacher and, as per Rule 57 of the Maharashtra Civil Services (Pension) Rules, 1982, part-time service is not pensionable. The previous decision in W.P. No. 3756 of 1994, which settled that teachers in Night Junior Colleges are not full-time employees, was binding. Government Resolutions post-dating the Petitioner’s retirement could not be applied retrospectively.

Acts & Sections Discussed:

• Constitution of India, 1950 – Article 226
• Maharashtra Civil Services (Pension) Rules, 1982 – Rule 30, Rule 57
• Maharashtra Employees of Private Schools (Conditions of Services) Regulation Act, 1977 – Section 19
• Maharashtra Employees of Private Schools (Conditions of Services) Rules, 1981 – Rule 19
• Secondary School Code – Rule 54.3, Rule 67(1)(a)(4), Rule 70.4

Subjects:

Pension Entitlement – Part-Time Teacher – Night Junior College – Continuous Service – Government Resolution – Qualifying Service – Secondary School Code – Full-Time Appointment – Judicial Precedent – Service Regularization

Facts:

a. The Petitioner, a retired teacher, sought pension and ancillary benefits, asserting that her 29 years of part-time service in a Night Junior College should be considered equivalent to 14.5 years of full-time service.
b. The Petitioner was initially appointed as a part-time teacher in 1984 and later reinstated as a full-time teacher following court orders.
c. The School Tribunal declared her a full-time teacher with continuity of service, but the High Court in a previous writ petition (W.P. No. 3756 of 1994) held that teachers in Night Junior Colleges should not be treated as full-time teachers.
d. The Petitioner approached the court seeking pension benefits under the Maharashtra Civil Services (Pension) Rules, 1982, and the MEPS Act, 1977.

Issues:

• Whether a part-time teacher in a Night Junior College is entitled to pension benefits under the Maharashtra Civil Services (Pension) Rules, 1982, and MEPS Act, 1977?
• Whether part-time service can be converted into full-time service for pension purposes?

Submissions:

a. Petitioner:

• Claimed to have worked on a permanent, clear, vacant post for 29 years.
• Argued that the total part-time service should be counted as 14.5 years of full-time service.
• Relied on various judgments and government resolutions supporting pension claims.

b. Respondents:

• Contended that under Rule 57 of the Maharashtra Civil Services (Pension) Rules, 1982, part-time teachers are not eligible for pension.
• Cited Rule 70.4 of the Secondary School Code, which explicitly excludes part-time employees from pension benefits.
• Highlighted a prior High Court ruling (W.P. No. 3756 of 1994) holding that Night Junior College teachers should not be treated as full-time teachers.