Facts: Dr. Sushmita Negi, an Associate Professor of Botany, served at Patkar Varde College. She was initially appointed as a Lecturer in Botany in 2001 on a temporary basis, which continued until 2006. Subsequently, she was appointed on probation and later confirmed in service until her superannuation on March 31, 2023. The Joint Director of Higher Education communicated that her earlier service could not be reckoned, denying her eligibility for the Old Pension Scheme (OPS). The University of Mumbai, however, had condoned breaks in her service from 2001 onwards for pension and gratuity benefits.
Procedural Posture: Dr. Negi filed a writ petition in the High Court of Judicature at Bombay challenging the order denying her the benefits of the Old Pension Scheme (OPS).
Issue: Whether the petitioner is entitled to the benefits of the Old Pension Scheme (OPS) considering the condonation of breaks in service by the University of Mumbai and the nature of her employment from 2001 onwards.
Holding: The High Court allowed the writ petition, quashing the impugned order and holding that the petitioner is entitled to the benefits of the Old Pension Scheme (OPS).
Reasoning: The Court reasoned that the University of Mumbai had the jurisdiction to condone the breaks in service as per the Government Resolution dated 7th March, 1986. The petitioner's service from November 2001, even though initially on a temporary basis, was with the same college and on a permanent vacant post. The condonation of breaks by the competent authority meant that her service should be reckoned continuously until her superannuation. The Court also relied on the Supreme Court's judgment in State of Jharkhand and Ors. v/s. Jitendra Kumar Srivastava and Anr., stating that pensionary benefits are a right and amount to a 'property' that cannot be deprived under Article 300-A of the Constitution. The Court directed the college to forward the petitioner's proposal for OPS benefits, the competent authority to clear the proposal, and the petitioner's contribution to the Defined Contributory Pension Scheme (DCPS) to be returned with accrued interest.