Shikshak-Bharati vs The State Of Maharashtra And Ors
2021 Latest Caselaw 13289 Bom

 Tauseef                                                    3-WP.11568.2014.doc



            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CIVIL APPELLATE JURISDICTION

                    WRIT PETITION NO.11568 OF 2014

Shikshak-Bharati                                    ...Petitioner
             V/s.
The State of Maharashtra & Ors.                     ...Respondents


Mr. Sachin S. Punde, Advocate for Petitioner.
Ms. Kavita N. Solunke, AGP for Respondent No.1 to 5 & 8.


                          CORAM        : R. D. DHANUKA, AND
                                         ABHAY AHUJA, JJ.

                          DATE         : 16th SEPTEMBER, 2021.

P.C. :

1. By this Writ Petition filed under Article 226 of the Constitution of

India, Petitioner has prayed for writ of mandamus for seeking a direction

against the Respondents to consider the Petitioner under the Old Pension

Scheme i.e. Maharashtra Civil Service (Pension) Rules, 1982 and

Maharashtra Civil Services (Commutation of Pension) Rules, 1984 and

General Provident Fund Scheme.

2. Learned counsel for the Petitioner invited our attention to

Schedule-I in the Writ Petition showing dates of payment and date of Grant

by the Respondents in the school. He also invited our attention to the

Judgment of the full Bench of this Court in case of Deshmukh Dilipkumar

Bhagwan and others V/s. State of Maharashtra and others in Writ Petition

Pg 1 of 2 Tauseef 3-WP.11568.2014.doc

No.8387 of 2013 and other companion matters and more particular

answer to Question Nos.2 and 3 at page No.140 of the Writ Petition. He

submits that in view of the said full Bench Judgment, the Petitioners would

be entitled to draw by the Defined Contribution Pension Scheme (for short

'DCPS') and not under the Old Pension Scheme.

3. We have perused the said chart annexed by the Petitioners,

which clearly indicates that though the Petitioners were appointed prior to

1st November 2005, but fact remains that the grant-in-aid was granted

after 1st November 2005. The Judgment of the full Bench of this Court in

case of Deshmukh Dilip Kumar Bhagwan and others V/s. State of

Maharashtra (supra) applies to the facts of this Court. It is declared that

the Petitioners would be governed by the DCPS and not by the Old Pension

Scheme i.e. Maharashtra Civil Service (Pension) Rules, 1982.

4. Writ Petition is disposed off in the aforesaid terms. No Order as

to costs.

                           (ABHAY AHUJA, J.)                         (R. D. DHANUKA, J.)

         Digitally
         signed by
         TAUSEEF
TAUSEEF LAIQUEE
LAIQUEE  FAROOQUI
FAROOQUI Date:
         2021.09.17
         19:25:10
         +0530




                                                                                        Pg 2 of 2