Bombay High Court
Prashant S/O Mahadeorao Mankar ... vs The State Of Maharashtra, Thr. ... on 26 September, 2022
Bench: A.S. Chandurkar, Urmila Sachin Phalke
25-WP-5256-21.odt 1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH : NAGPUR.
WRIT PETITION NO. 5256 of 2021
Prashant Mahadeorao Mankar and another.
vs.
The State of Maharashtra through its Secretary, Department of Finance, Mumbai and ors.
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Office Notes, Office Memoranda of Court's or Judge's Order
Coram, appearances, Court's Orders
or directions and Registrar's order
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Shri Ram D. Karode, Advocate for petitioners.
Shri D. P. Thakre, Additional Government Pleader for respondent nos. 1 to 3.
CORAM :- A.S.CHANDURKAR AND URMILA JOSHI-PHALKE, JJ.
DATE :- SEPTEMBER 26, 2022
Each petitioner claims to have been appointed on an
unaided post as full time Assistant Teacher prior to 01/11/2005.
Subsequently the petitioners are brought on the post of full time
Teacher on an aided post from 08/11/2007. The petitioners claim a
declaration as regards applicability of the old pension scheme to
receive such benefits.
2. Learned Counsel for the petitioners relies upon the
judgment delivered by this Court at Principal Seat dated
01/10/2021 in the Writ Petition No. 4748 of 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 of 2021 (Smt. Manasi Sudhir Mane Vs.
The State of Maharashtra and ors.) with connected writ petitions.
3. 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
Respondent No. 3-Education Officer (Secondary) for
taking appropriate decision depending upon the outcome
of verification and the facts governing the case of each
petitioner.
(ii) Respondent No.3-Education Officer
(Secondary) is directed to decide the case of each
petitioner 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 referred to above.
(iii) If it is so found by the Education Officer
(Secondary) that the petitioner(s) is/are governed by 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 the 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 Education Officer (Secondary) to
open GPF account in the name of the respective
petitioners within four weeks of the date on which his/her
eligibility is determined.
(v) The petitioners to appear before the
Respondent No.3-Education Officer (Secondary) on
07.10.2022.
(vi) The right of the petitioners would be
determined as per the decision of the Full Bench subject
to the same being affirmed, reversed or modified before
the Hon'ble Supreme Court, meaning thereby, the
mandamus issued by this Court today would
automatically stand modified depending upon the view
finally taken by the Hon'ble Supreme Court.
4. The writ petition stands disposed of accordingly. No costs.
(URMILA JOSHI-PHALKE, J.) (A.S.CHANDURKAR, J.)
Andurkar..
Digitally Signed byJAYANT S
ANDURKAR
Personal Assistant
Signing Date:
26.09.2022 14:48
