Bombay High Court
Sunanda Haribhau Lele vs The State Of Maharashtra, Thr. ... on 17 April, 2023
Bench: A.S. Chandurkar, M. W. Chandwani
1 1704wp2181.23 & others.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
WRIT PETITION NO.2181 OF 2023
(Rajesh s/o Janraoji Ganjare Vs. The State of Maharashtra and others)
WITH WRIT PETITION NO.2182 OF 2023
(Vilas s/o Govindrao Hanwate Vs. The State of Maharashtra and others)
WITH WRIT PETITION NO.2183 OF 2023
(Sunanda Haribhau Lele Vs. The State of Maharashtra and others)
WITH WRIT PETITION NO.2184 OF 2023
(Gajanan s/o Wasudeo Kanherkar Vs. The State of Maharashtra and others)
Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions Court's or Judge's order
and Registrar's orders.
Shri A.G. Ambetkar, Advocate for the petitioners.
Shri A.S. Fulzele, Additional Government Pleader for the respondents.
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CORAM : A. S. CHANDURKAR AND M.W. CHANDWANI, JJ.
DATED : APRIL 17, 2023
In Writ Petition Nos. 2182/2023 and 2183/2023, leave is
granted to correct the description of respondent no.3. The correction
be carried out forthwith.
2) Each petitioner claims 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.
3) The learned Counsel for the petitioners relies 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
others Vs. The State of Maharashtra and others ) 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 others) with connected Writ Petitions.
2 1704wp2181.23 & others.odt
4) 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.
(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 02/05/2023
to enable consideration of the aforesaid.
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The Writ Petitions stand disposed of accordingly. No costs.
JUDGE JUDGE
khj
