Half Of His Part-Time Service Counts, And It Brings Him Under The Old Pension

Published on: September 14, 2026
Last updated: 9 July 2026

A librarian at an aided school in Nashik district worked part-time for about eleven years before going full-time. The Bombay High Court has counted half those years, putting him under the old pension scheme.

The short answer

The Court held that excluding his part-time service was arbitrary. Under Note 1 to Rule 57 of the Maharashtra Civil Services (Pension) Rules, 50 per cent of part-time service counts as qualifying service. That gave him about 23 years, including service before the old-pension cut-off, so he is entitled to the Old Pension Scheme, with arrears at 8 per cent interest.

What changed
  • Half, not nothing. Part-time service counts at 50 per cent under the pension rules.
  • That half tipped the balance, carrying his service back before the old-pension cut-off.
  • Arrears carry 8 per cent interest, after adjusting any contributory-scheme amounts.
  • Excluding those years was arbitrary, the Court held.
Court
High Court of Judicature at Bombay
Citation
W.P. No. 11651 of 2023
Case
W.P. No. 11651 of 2023
Decided
11 September 2026
Outcome
Writ petition allowed; entitled to pension under the Old Pension Scheme

His service

The petitioner worked as a part-time librarian at a Nashik district school run by an education society from 12 June 1995 to 31 March 2006, and then as a full-time librarian for about 17 years and 8 months.

The authorities refused to count his part-time years, which left him outside the Old Pension Scheme; Maharashtra's cut-off for that scheme is 1 November 2005.

What the Court decided

The Division Bench held it would be arbitrary to exclude the period he served as a part-time librarian when determining qualifying service.

Note 1 to Rule 57 of the Pension Rules applied, so half the part-time period — about 5 years and 4 months — counts, together with his full-time service. His qualifying service is therefore about 23 years, roughly 5 of them before the cut-off.

He was declared entitled to pension under the Old Pension Scheme.

The directions

The school must send his pension proposal to the education authorities within three weeks, and they must then disburse the pension.

Arrears are to be paid within six weeks with 8 per cent interest, adjusting any amount he must return because of a conversion under the contributory scheme. Other legitimate retirement dues must be paid within four weeks.

Who argued it

Appearances as recorded in the judgment of the Court.

Frequently asked

Does part-time government-aided service count for pension in Maharashtra?

Here the Court held half of it counts under Note 1 to Rule 57.

Can counting it bring me under the Old Pension Scheme?

Yes, if it takes your service back before the cut-off, as it did here.

If your part-time years were left out of pension

  1. Collect appointment orders and salary records for the part-time period.
  2. Check whether your pension rules count part-time service at a fraction.
  3. Work out whether that fraction takes you past the old-pension cut-off.
  4. Ask for arrears with interest, adjusted for any contributory-scheme amounts.

Source. High Court of Judicature at Bombay, W.P. No. 11651 of 2023, decided 11 September 2026 by . This explainer is written from the judgment text as reported.

Claw tracks High Court of Judicature at Bombay and 24 other High Courts, reads every order handed back, and surfaces the directions that carry a deadline. clawlaw.in

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