Bombay High Court
Dattatray S/O Narshing Khatake vs State Of Maharashtra Thr. ... on 30 September, 2022
Bench: S.V. Gangapurwala, Madhav J. Jamdar
Pallavi 83-wp-2165-2022.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Digitally
signed by
PALLAVI
CIVIL APPELLATE JURISDICTION
PALLAVI MAHENDRA
MAHENDRA WARGAONKAR
WARGAONKAR Date:
2022.10.03
12:21:02
WRIT PETITION NO.2165 OF 2022
+0530
Dattatray s/o Narshing Khatake ... Petitioners
Versus
State of Maharashtra Thr. Secretary School ... Respondents
Education and Sport Dept. and Ors.
-------------------
Mr. Arvind Ambetkar a/w Mr. Deepak Pote, Advocate for the Petitioners.
Ms. P.N. Diwan, AGP for Respondent - State.
---------------------
CORAM : S.V. GANGAPURWALA &
MADHAV J. JAMDAR, JJ.
DATED : 30th SEPTEMBER 2022
P.C. :
1. Petitioners claims to have been appointed on 100% grant in aid
post as a part time 'Shikshan Sevak' prior to 1 st November 2005,
subsequently he is appointed as full time 'Assistant Teacher' on aided post.
The Petitioners claims applicability of the old pension scheme.
2. Learned counsel for the Petitioners relies upon the judgment
delivered by this Court dated 1 st October 2021 in the Writ Petition No. 4748
of 2019 with connected matters and the judgment and Order dated 11 th
April 2022 in Writ Petition No. 8990 of 2021 with connected writ petitions.
3. In light of the above and for the reasons recorded, we pass the
same Order as follows:-
(i) In view of above, we find it necessary to relegate the case of the
Petitioners to the Respondent No.4 - Deputy Director of
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Pallavi 83-wp-2165-2022.doc
Education, as the case may be, for taking appropriate decision
depending upon the outcome of verification and the facts
governing the case of the Petitioners.
(ii) The Petition is, therefore, partly allowed and following directions
are issued:-
(a) Respondent No.4 - Deputy Director of Education, as
the case may be, is directed to decide case of the
Petitioners regarding applicability of the old pension
scheme as per Maharashtra Civil Services (Pension) Rules,
1982 and Maharashtra Civil Services (Computation of
Pensions) Rules, 1984 and General Provident Fund
Scheme by keeping in view law laid down by this Court in
its various judgments including the judgments referred to
in the body of the judgment.
(b) If it is so found by Respondent No.4 - Deputy Director
of Education, as the case may be, that the Petitioners is
governed by old pension scheme, the Respondent No.4, as
the case may be, shall issue necessary directions to not
deduct any amount from the salary payable to the
Petitioners governed by the old pension scheme for the
purpose of its applying to the DCPS or NPS, and shall also
issue necessary directions for refunding of theses amounts
to the petitioners from his salary, same is deducted, within
four weeks of the date on which such determination is
made.
(c) In case it is found that the Petitioners is governed by
the old pension scheme necessary directions shall be
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Pallavi 83-wp-2165-2022.doc
issued by Respondent No.4, as the case may be, to open
GPF accounts in the name of the Petitioners found eligible
for same, within four weeks of the date on which his
eligibility is determined.
(d) The Petitioners to appear before the Respondent No.4-
Deputy Director of Education, as the case may be, on 17 th
October 2022.
4. Writ Petition stands disposed of accordingly.
(MADHAV J. JAMDAR, J) (S.V. GANGAPURWALA, J)
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