Bombay High Court
Rajeshsingh Anandsingh Bais And ... vs State Of Maharashtra, Through Its ... on 4 July, 2017
Bench: V.A. Naik
0407WP4861.11-Judgment 1/4
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 4861 OF 2011
PETITIONERS :- 1] Rajeshsingh Anandsingh Bais, Age : Major,
Occupation : Service, R/o. Rampuri Ward,
Camp Area, Gadchiroli, District : Gadchiroli.
2] Pradeep Wamanrao Chudhari, Age : Major
Occupation : Service, R/o. C/o. Priyanka
High School, Kanheri, Tahsil : Gadchiroli,
District : Gadchiroli.
...VERSUS...
RESPONDENTS :- 1] State of Maharashtra through its Secretary,
Education Department, Mantralaya, Mumbai
- 400 032.
2] State of Maharashtra through its Secretary,
School Education and Sports Department,
Mantralaya, Mumbai 400 032.
3] Education Officer (Secondary), Zilla
Parishad, Gadchiroli.
4] The Superintendent, Pay and Provident
Fund Unit, Secondary, Zilla Parishad,
Gadchiroli.
5] Priyanka Bahu Uddeshiya Mahila Mandal,
Gadchiroli, Through its Secretary.
6] Priyanka High School, Kanheri, Tah. & Dist:
Gadchiroli.
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Mr.Pradeep S. Kshirsagar, counsel for the petitioners.
Mr.I.J.Damle, Asstt.Govt.Pleader for the respondent Nos.1 to 4.
None for the respondent Nos.5 and 6.
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0407WP4861.11-Judgment 2/4
CORAM : SMT. VASANTI A NAIK &
ARUN D. UPADHYE
, JJ.
DATED : 04.07.2017
O R A L J U D G M E N T (Per Smt.Vasanti A Naik, J.)
By this writ petition, the petitioners seek a declaration that
the petitioners are entitled to the benefit of the Maharashtra Civil
Services (Pension) Rules, 1982 and the new Defined Contributory
Pension Scheme introduced by the government resolution dated
31/10/2005 would not be applicable to the petitioners as the school in
which the petitioners are imparting education was brought on 100%
grant-in-aid from the financial year 2005-2006.
It is stated on behalf of the petitioners that the petitioners
were appointed before the cut-off date i.e. 01/11/2005 and the
education officer has granted approval to the appointment of the
petitioners before 01/11/2005. It is stated that the school in which the
petitioners are imparting education was brought on 100% grant-in-aid
from the financial year 2005-2006 by the government resolution dated
30/03/2006. It is stated that in the circumstances of the case, the
petitioners are entitled to the benefit of the provisions of the
Maharashtra Civil Services (Pension) Rules, 1982.
0407WP4861.11-Judgment 3/4
Shri Damle, the learned Assistant Government Pleader
appearing for the respondent Nos.1 to 4, does not dispute that the
petitioners were appointed before the cut-off date and their services
were approved before the said date. It is stated that by the order dated
30/03/2006 the school was brought on 100% grant-in-aid from 2005-
2006, but the grant-in-aid was actually released in favour of the school
in which the petitioners were appointed from 01/12/2005.
On hearing the learned counsel for the parties, it appears
that the relief sought by the petitioners needs to be granted.
Admittedly, the petitioners were appointed before the cut-off date i.e.
01/11/2005 and their services were also approved before the said cut-
off date. By an order dated 30/03/2006, the school was brought on
100% grant-in-aid with effect from the financial year 2005-2006. The
issuance of the government resolution on 30/03/2006 would not
determine the date from which the school was brought on grant-in-aid
Though the order bringing the school on 100% grant-in-aid was passed
on 30/03/2006, the school was brought on 100% grant-in-aid from the
financial year 2005-2006. A similar issue like the one involved in this
case was involved in Writ Petition No.6943 of 2014 and we had allowed
the said writ petition by the judgment dated 24/06/2015.
0407WP4861.11-Judgment 4/4
Hence, for the reasons aforesaid and also for the reasons
recorded in the judgment dated 24/06/2015 in Writ Petition No.6943 of
2014, the writ petition is allowed. It is hereby declared that the
provisions of the Maharashtra Civil Services (Pension) Rules, 1982
would be applicable to the petitioners. Rule is made absolute in the
aforesaid terms with no order as to costs.
JUDGE JUDGE
KHUNTE
