Shrikant S/O Pralhadrao Deshmukh vs The State Of Maharashtra, Thr. ...
2022 Latest Caselaw 12759 Bom

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR WRIT PETITION NO. 7745 OF 2022 (Shrikant s/o Pralhadrao Deshmukh Vs. The State of Maharashtra & Ors.) WITH WRIT PETITION NO. 7916 OF 2022 (Inaram s/o Ragho Walthare Vs. The State of Maharashtra & Ors.) WITH WRIT PETITION NO. 7915 OF 2022 (Smt. Sushma Suresh Maske @ Sushma Gopichand Gaidhane Vs. The State of Maharashtra & Ors.) WITH WRIT PETITION NO. 7914 OF 2022 (Mahendra s/o Santosh Katekhaye Vs. The State of Maharashtra & Ors.) WITH WRIT PETITION NO. 7913 OF 2022 (Manohar s/o Shankar Urkude Vs. The State of Maharashtra & Ors.) WITH WRIT PETITION NO. 7912 OF 2022 (Sangita Jaywantrao Jakkulwar Vs. The State of Maharashtra & Ors.) WITH WRIT PETITION NO. 7911 OF 2022 (Prakash s/o Ramrao Sapkal Vs. The State of Maharashtra & Ors.) WITH WRIT PETITION NO. 7910 OF 2022 (Amolkumar s/o Shriram Hiradkar Vs. The State of Maharashtra & Ors.) WITH WRIT PETITION NO. 7909 OF 2022 (Yograj s/o Wamanrao Fendar Vs. The State of Maharashtra & Ors.) WITH WRIT PETITION NO. 7905 OF 2022 (Prashant s/o Jagdish Shende Vs. The State of Maharashtra & Ors.) WITH WRIT PETITION NO. 7904 OF 2022 (Kishor s/o Krushnarao Bokade Vs. The State of Maharashtra & Ors.) WITH WRIT PETITION NO. 7903 OF 2022 (Smt. Pratima Yogesh Sharma @ Pratima Vinayak Nahatkar Vs. The State of Maharashtra & Ors.) WITH WRIT PETITION NO. 7902 OF 2022 (Prashant s/o Mangaldas Sonpimpale Vs. The State of Maharashtra & Ors.) WITH WRIT PETITION NO. 7901 OF 2022 (Prashant s/o Manikrao Chavhan Vs. The State of Maharashtra & Ors.) WITH WRIT PETITION NO. 7900 OF 2022 (Dipak s/o Himmatrao Pacharne Vs. The State of Maharashtra & Ors.) WITH WRIT PETITION NO. 7899 OF 2022 (Rajesh s/o Punjaji Pakhare Vs. The State of Maharashtra & Ors.) WITH WRIT PETITION NO. 7898 OF 2022 (Laxman s/o Bakaram Meshram Vs. The State of Maharashtra & Ors.) WITH WRIT PETITION NO. 7897 OF 2022 (Smt. Medha Mangesh Navsalkar Vs. The State of Maharashtra & Ors.) WITH WRIT PETITION NO. 7896 OF 2022 (Smt. Shila Suresh Dongare @ Shila Mahadeo Wasnik Vs. The State of Maharashtra & Ors.) WITH WRIT PETITION NO. 7895 OF 2022 (Panjab s/o Rupchand Ade Vs. The State of Maharashtra & Ors.) WITH WRIT PETITION NO. 7892 OF 2022 (Ramesh s/o Ambu Rathod Vs. The State of Maharashtra & Ors.) WITH WRIT PETITION NO. 7891 OF 2022 (Ravindra s/o Bhimrao Kale Vs. The State of Maharashtra & Ors.) WITH WRIT PETITION NO. 7890 OF 2022 (Smt. Kashish Rajkumar Kawalramani @ Sunita Sumarmal Kachhela Vs. The State of Maharashtra & Ors.) WITH WRIT PETITION NO. 7889 OF 2022 (Smt. Varsha Dhairyasheel Waghmare Vs. The State of Maharashtra & Ors.) 2 41-WP-7745-2022.odt

WITH WRIT PETITION NO. 7888 OF 2022 (Rakesh s/o Rambhau Awari Vs. The State of Maharashtra & Ors.) WITH WRIT PETITION NO. 7887 OF 2022 (Uttam s/o Antaram Banwade Vs. The State of Maharashtra & Ors.) WITH WRIT PETITION NO. 7886 OF 2022 (Jivan s/o Tanba Maske Vs. The State of Maharashtra & Ors.) WITH WRIT PETITION NO. 7885 OF 2022 (Premchandra s/o Jangbahadur Chaudhary Vs. The State of Maharashtra & Ors.) WITH WRIT PETITION NO. 7884 OF 2022 (Dr. Rashmi Sanjay Diwe @ Dr. Rashmi Vijay Padwad Vs. The State of Maharashtra & Ors.) WITH WRIT PETITION NO. 7883 OF 2022 (Mohd. Yunus Mohd. Musa Malnas Vs. The State of Maharashtra & Ors.) WITH WRIT PETITION NO. 7799 OF 2022 (Nilkamal s/o Nilkanthrao Ukey Vs. The State of Maharashtra & Ors.) WITH WRIT PETITION NO. 7798 OF 2022 (Dhanraj s/o Tulshidas Kadukar Vs. The State of Maharashtra & Ors.) WITH WRIT PETITION NO. 7797 OF 2022 (Smt. Preeti Rahul Garaye Vs. The State of Maharashtra & Ors.) WITH WRIT PETITION NO. 7796 OF 2022 (Madhukar s/o Natthuji Tabhane Vs. The State of Maharashtra & Ors.) WITH WRIT PETITION NO. 7795 OF 2022 (Dnyanesh s/o Gangadharrao Dalvi Vs. The State of Maharashtra & Ors.) WITH WRIT PETITION NO. 7794 OF 2022 (Ishwar s/o Kashiram Modankar Vs. The State of Maharashtra & Ors.) WITH WRIT PETITION NO. 7793 OF 2022 (Ashok s/o Vasantrao Diwane Vs. The State of Maharashtra & Ors.) WITH WRIT PETITION NO. 7792 OF 2022 (Rajendra s/o Uttamrao Sable Vs. The State of Maharashtra & Ors.) WITH WRIT PETITION NO. 7791 OF 2022 (Smt. Nirmala Sanjay Geed @ Nirmala Umrao Khade Vs. The State of Maharashtra & Ors.) WITH WRIT PETITION NO. 7790 OF 2022 (Smt. Shubhangi Ramdas Kamdi Vs. The State of Maharashtra & Ors.) WITH WRIT PETITION NO. 7789 OF 2022 (Manoj s/o Gajanan Swan Vs. The State of Maharashtra & Ors.) WITH WRIT PETITION NO. 7788 OF 2022 (Chandrashekhar s/o Vasantrao Dhamande Vs. The State of Maharashtra & Ors.) WITH WRIT PETITION NO. 7787 OF 2022 (Suresh s/o Mahadeo Chandewar Vs. The State of Maharashtra & Ors.) WITH WRIT PETITION NO. 7786 OF 2022 (Jiwan s/o Kisan Jibhakate Vs. The State of Maharashtra & Ors.) WITH WRIT PETITION NO. 7882 OF 2022 (Smt. Nilima Pravin Wankhade @ Nilima Vasantrao Thakre Vs. The State of Maharashtra & Ors.) WITH WRIT PETITION NO. 7881 OF 2022 (Shailendrakumar s/o Nandram Raut Vs. The State of Maharashtra & Ors.) WITH WRIT PETITION NO. 7880 OF 2022 (Rajesh s/o Namdeorao Rahate Vs. The State of Maharashtra & Ors.) WITH WRIT PETITION NO. 7879 OF 2022 (Sanju s/o Bhopal Kulsunge Vs. The State of Maharashtra & Ors.) WITH WRIT PETITION NO. 7878 OF 2022 (Bhojraj s/o Shriram Chakate Vs. The State of Maharashtra & Ors.) WITH WRIT PETITION NO. 7877 OF 2022 3 41-WP-7745-2022.odt

(Smt. Jyotsna Prakash Itankar @ Jyotsna Vijayanand Phulbandhe Vs. The State of Maharashtra & Ors.) WITH WRIT PETITION NO. 7876 OF 2022 (Ashok s/o Kashinath Pidurkar Vs. The State of Maharashtra & Ors.) WITH WRIT PETITION NO. 7875 OF 2022 (Smt. Seema Abhijit Pittule @ Seema Krantikumar Jagdambe Vs. The State of Maharashtra & Ors.) WITH WRIT PETITION NO. 7874 OF 2022 (Smt. Mrunalini Devraj Saxena @ Mrunalini Arvind Deshpande Vs. The State of Maharashtra & Ors.) WITH WRIT PETITION NO. 7836 OF 2022 (Dhananjay s/o Shankarrao Gadegone Vs. The State of Maharashtra & Ors.) WITH WRIT PETITION NO. 7835 OF 2022 (Smt. Sushama Pramod Khante @ Sushama Shrawan Ghangare Vs. The State of Maharashtra & Ors.) WITH WRIT PETITION NO. 7834 OF 2022 (Prakash s/o Madhukarrao Parate Vs. The State of Maharashtra & Ors.) WITH WRIT PETITION NO. 7833 OF 2022 (Ashish s/o Ramdas Gawande Vs. The State of Maharashtra & Ors.) WITH WRIT PETITION NO. 7832 OF 2022 (Smt. Kalpana Shriramji Ingale @ Kalpana Nandkumar Garkhade Vs. The State of Maharashtra & Ors.) WITH WRIT PETITION NO. 7830 OF 2022 (Vijay s/o Baliram Jadhao Vs. The State of Maharashtra & Ors.) WITH WRIT PETITION NO. 7829 OF 2022 (Sanjay s/o Shyamlal Ambule Vs. The State of Maharashtra & Ors.) WITH WRIT PETITION NO. 7828 OF 2022 (Vijay s/o Sahebrao Kalmegh Vs. The State of Maharashtra & Ors.) WITH WRIT PETITION NO. 7827 OF 2022 (Smt. Shobha Kewalram Marwade @ Shobha Omprakash Kore Vs. The State of Maharashtra & Ors.) WITH WRIT PETITION NO. 7826 OF 2022 (Vinod s/o Damodharji Hatzade Vs. The State of Maharashtra & Ors.) WITH WRIT PETITION NO. 7825 OF 2022 (Vijay s/o Pundlikrao Chaudhary Vs. The State of Maharashtra & Ors.) WITH WRIT PETITION NO. 7821 OF 2022 (Ratnakar s/o Shripat Thakare Vs. The State of Maharashtra & Ors.) WITH WRIT PETITION NO. 7820 OF 2022 (Smt. Archana Rajendra Kadu @ Archana Manikrao Rithe Vs. The State of Maharashtra & Ors.) WITH WRIT PETITION NO. 7819 OF 2022 (Smt. Neeta Prashant Shrikhande @ Neeta Madhav Sarde Vs. The State of Maharashtra & Ors.) WITH WRIT PETITION NO. 7818 OF 2022 (Smt. Vaishali Rajesh Vaidya @ Vaishali Narayan Wanjari Vs. The State of Maharashtra & Ors.) WITH WRIT PETITION NO. 7817 OF 2022 (Anilkumar s/o Dharmdas Behare Vs. The State of Maharashtra & Ors.) WITH WRIT PETITION NO. 7823 OF 2022 (Smt. Vandana Dayaram Ramteke @ Vandana Ramkumar Gajbhiye Vs. The State of Maharashtra & Ors.) WITH WRIT PETITION NO. 7822 OF 2022 (Smt. Madhuri Milind Dupte @ Gaidhani Vs. The State of Maharashtra & Ors.) WITH WRIT PETITION NO. 7805 OF 2022 (Smt. Sanjivani Sopan Khedkar @ Sanjivani Ajay Garje Vs. The State of Maharashtra & Ors.) WITH WRIT PETITION NO. 7804 OF 2022 (Sanjay s/o Jagdevrao Chourpagar Vs. The State of Maharashtra & Ors.) WITH WRIT PETITION NO. 7803 OF 2022 (Prashant s/o Dnyaneshwar Chimne Vs. The State of Maharashtra & Ors.) WITH WRIT PETITION NO. 7802 OF 2022 (Yogesh s/o Nikanthrao Baraskar Vs. The State of Maharashtra & Ors.) 4 41-WP-7745-2022.odt

WITH WRIT PETITION NO. 7801 OF 2022 (Nirmalkumar s/o Manikrao Khadse Vs. The State of Maharashtra & Ors.) WITH WRIT PETITION NO. 7800 OF 2022 (Jayant s/o Bhaurao Puranik Vs. The State of Maharashtra & Ors.) WITH WRIT PETITION NO. 7873 OF 2022 (Rajendra s/o Krishnarao Chikte Vs. The State of Maharashtra & Ors.) WITH WRIT PETITION NO. 7872 OF 2022 (Ravikumar s/o Ashok Thokare Vs. The State of Maharashtra & Ors.) WITH WRIT PETITION NO. 7871 OF 2022 (Devendra s/o Mahadeorao Pusdekar Vs. The State of Maharashtra & Ors.) WITH WRIT PETITION NO. 7870 OF 2022 (Pramod s/o Motiramji Mendhe Vs. The State of Maharashtra & Ors.) WITH WRIT PETITION NO. 7869 OF 2022 (Chandrashekhar s/o Daulatrao Girde Vs. The State of Maharashtra & Ors.) WITH WRIT PETITION NO. 7868 OF 2022 (Vidhya Raghunathrao Nasare Vs. The State of Maharashtra & Ors.) WITH WRIT PETITION NO. 7867 OF 2022 (Kirti Vijayrao Koshatwar Vs. The State of Maharashtra & Ors.) WITH WRIT PETITION NO. 7866 OF 2022 (Meena Mahavir Kotekar Vs. The State of Maharashtra & Ors.) WITH WRIT PETITION NO. 7865 OF 2022 (Rajesh s/o Kevalram Bhalerao Vs. The State of Maharashtra & Ors.) WITH WRIT PETITION NO. 7864 OF 2022 (Smt. Rajinder Kaur Balwant Singh Sapra @ Rajinder Kaur Jaswant Singh Bedi Vs. The State of Maharashtra & Ors.) WITH WRIT PETITION NO. 7863 OF 2022 (Kamlakar s/o Bhaurao Hawaikar Vs. The State of Maharashtra & Ors.) WITH WRIT PETITION NO. 7861 OF 2022 (Gajanan s/o Sampatrao Kurudkar Vs. The State of Maharashtra & Ors.) WITH WRIT PETITION NO. 7860 OF 2022 (Dnyanesh s/o Dayaramji Hatwar Vs. The State of Maharashtra & Ors.) WITH WRIT PETITION NO. 7859 OF 2022 (Ashidkumar s/o Tulshiram Patil Vs. The State of Maharashtra & Ors.) WITH WRIT PETITION NO. 7858 OF 2022 (Pradip s/o Chhattarlal Thantharate Vs. The State of Maharashtra & Ors.) WITH WRIT PETITION NO. 7857 OF 2022 (Aparna Baburao Bagade Vs. The State of Maharashtra & Ors.) WITH WRIT PETITION NO. 7856 OF 2022 (Vishwanath s/o Ramnathji Sonwane Vs. The State of Maharashtra & Ors.) WITH WRIT PETITION NO. 7855 OF 2022 (Nitin s/o Deonath Meshram Vs. The State of Maharashtra & Ors.) WITH WRIT PETITION NO. 7854 OF 2022 (Smt. Jaya Chandrashekhar Dhawad @ Jaya Gulabrao Khadse Vs. The State of Maharashtra & Ors.) WITH WRIT PETITION NO. 7853 OF 2022 (Rajesh s/o Daulatrao Mahant Vs. The State of Maharashtra & Ors.) WITH WRIT PETITION NO. 7852 OF 2022 (Pramod s/o Ramraoji Mundane Vs. The State of Maharashtra & Ors.) WITH WRIT PETITION NO. 7851 OF 2022 (Smt. Seema Hemant Wande @ Seema Ashok Selokar Vs. The State of Maharashtra & Ors.) WITH WRIT PETITION NO. 7850 OF 2022 (Mansaram s/o Shriram Dhadse Vs. The State of Maharashtra & Ors.) 5 41-WP-7745-2022.odt

WITH WRIT PETITION NO. 7849 OF 2022 (Sarita Ramchandra Mandhare Vs. The State of Maharashtra & Ors.) WITH WRIT PETITION NO. 7848 OF 2022 (Smt. Kavita Mahesh Sakharwade @ Kavita Ramesh Badwaik Vs. The State of Maharashtra & Ors.) WITH WRIT PETITION NO. 7847 OF 2022 (Keshao s/o Tulshidas Kapgate Vs. The State of Maharashtra & Ors.) WITH WRIT PETITION NO. 7846 OF 2022 (Jagdish s/o Wamanrao Bramhankar Vs. The State of Maharashtra & Ors.) WITH WRIT PETITION NO. 7844 OF 2022 (Harihar s/o Natthuji Moharkar Vs. The State of Maharashtra & Ors.) WITH WRIT PETITION NO. 7843 OF 2022 (Bhishmacharya s/o Eknath Borkute Vs. The State of Maharashtra & Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Shri Ketan D. Pote h/f Shri A.G. Ambetkar, Advocate for the petitioners. Ms. N.P. Mehta, Assistant Government Pleader for the respondents/ State.

CORAM : A. S. CHANDURKAR AND ANIL L. PANSARE, JJ. DATE : DECEMBER 8, 2022.

Except Writ Petition No. 7745/2022, all other Writ Petitions are not on board. On mentioning, they are taken on board.

Each petitioner claim to have been appointed on their respective teaching post prior to 01/11/2005. The petitioners claim a declaration as regards applicability of the old pension scheme to receive admissible benefits on the ground that the respective Institution was receiving 100% grant-in-aid.

The learned Counsel for the petitioners rely upon the judgment delivered by this Court at Principal Seat dated 01/10/2021 in Writ Petition No. 4748/ 2019 (Nilesh s/o Namdev Gurav and ors. Vs. The State of Maharashtra and ors. ) with connected matters and the judgment and order dated 11/04/2022 in Writ Petition No. 8990/2021 (Smt. Manasi Sudhir Mane Vs. The State of Maharashtra and ors.) with connected Writ Petitions.

In light of the above and for the reasons recorded in the aforesaid judgments, we are inclined to pass a similar order as follows:-

(i) The case of each petitioner is relegated to the Deputy Director of Education/ Education Officer (Secondary) as the case may be for taking appropriate decision depending upon the outcome of verification and the facts governing the case of each petitioner.

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(ii) The Deputy Director of Education/ Education Officer (Secondary) is directed to decide the case of each petitioner regarding applicability of the old pension scheme as per the Maharashtra Civil Services (Pension) Rules, 1982, the Maharashtra Civil Services (Computation of Pensions) Rules, 1984 and the General Provident Fund Scheme by keeping in view the law laid down by this Court in its various judgments referred to above.

(iii) If it is so found by the Deputy Director of Education/ Education Officer (Secondary) that the petitioner/s is/ are governed by the old pension scheme, he shall issue necessary directions to not deduct any amount from the salary payable to such petitioner governed by the old pension scheme for the purpose of its applying to DCPS or NPS and shall also issue necessary directions for refunding of these amounts to the petitioner/s from the salary if the same is deducted within four weeks of the date on which such determination is made.

(iv) In case it is found that the petitioner/s is/are governed by the old pension scheme, necessary directions shall be issued by the Deputy Director of Education/ Education Officer (Secondary) to open GPF account in the name of the respective petitioners within four weeks from the date on which his/ her eligibility is determined.

(v) The petitioners to appear before the Deputy Director of Education/ concerned Education Officer (Secondary) on 10/1/2023 to enable consideration of the aforesaid.

The Writ Petitions stand disposed of accordingly. No costs.

(ANIL L. PANSARE, J.) (A. S. CHANDURKAR, J.)

SUMIT

Digitally signed bySUMIT CHETAN AGRAWAL Signing Date:09.12.2022 18:15