Bombay High Court
Nashik Mahanagar Palika Shikshak Kruti ... vs Nashik Municipal Corporation Through ... on 18 December, 2023
Author: A.S.Chandurkar
Bench: A.S.Chandurkar
2023:BHC-AS:38540-DB
Digitally
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
signed by
TRUSHA
TRUSHA TUSHAR CIVIL APPELLATE JURISDICTION
TUSHAR MOHITE
MOHITE Date:
2023.12.20
16:38:33
+0530
WRIT PETITION NO.13700 OF 2018
Nashik Mahanagar Palika Shikshak
Kruti Samiti
(through President
Dilip Barku Pawar), Nashik ..... Petitioner
Vs.
1. Nashik Municipal Corporation
(School Education Department)
(Through its Education Officer)
Nashik Municipal Corporation, Nashik
2. The State of Maharashtra
(Through its Secretary),
School Education and Sports
Department, Mantralaya, Mumbai ..... Respondents
Mr.Vivek V. Salunke for the Petitioner
Mr.Subhash Gutte for Respondent no.1
Ms.A.A.Purav, A.G.P. for Respondent no.2 - State
CORAM: A.S.CHANDURKAR &
FIRDOSH P. POONIWALLA, JJ.
DATED : 18th DECEMBER 2023
ORAL JUDGMENT (PER : A.S.CHANDURKAR, J) :
1. Rule. Rule made returnable forthwith.
2. Heard the learned Counsel for the parties.
3. The Petitioner - an Association of teachers seeks a declaration that
the services of its members whose names are mentioned in Annexure "A"
are governed by the Old General Provident Fund Pension Scheme that was
in operation till 31st October 2005. It is the case of the Petitioner that
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pursuant to the orders passed by this Court on 29 th April 2005, in Writ
Petition Nos.9412 of 2004, 9452 of 2004 and 10312 of 2004, a direction
was issued to appoint the Petitioners on the post of Shikshan Sevak subject
to possessing requisite qualification. The order dated 29th April 2005 was
directed to be complied with within a period of eight weeks.
4. Pursuant to the aforesaid direction, the School Education and Sports
Department of the State Government issued a direction to the
Administrative Officer, Nashik Municipal Corporation to implement the
aforesaid direction. In view of various such directions, the Petitioners were
ultimately appointed on the post of Shikshan Sevak on 13 th February 2006.
It is on this premise that the Petitioners contend that since the recruitment
process commenced prior to 1st November 2005, the services of the
Petitioners would be governed by the Old General Provident Fund Pension
Scheme.
5. Undisputedly, during pendency of the Writ Petition, the first
Respondent - Nashik Municipal Corporation has on 27th January 2020
issued a communication to the State Government stating therein that the
services of the Petitioners whose names are mentioned in Annexure "A" of
the Writ Petition shall be governed by the provisions of the said Old
General Provident Fund Pension Scheme. A further communication on 7 th
October 2022 has been issued to the Director of Education (Primary)
indicating the financial implication of applicability of the Old General
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Provident Fund Pension Scheme.
6. In the light of the aforesaid undisputed position, wherein the first
Respondent has accepted the fact that the Petitioners are entitled for the
benefit of the Old General Provident Fund Pension Scheme, it is held that
both the Respondents shall take all necessary steps to ensure that the
Petitioners as mentioned in Annexure "A", receive benefits of the Old
General Provident Fund Pension Scheme expeditiously. Such steps be
taken and the benefits be released in favour of the Petitioners by 31 st
March 2024.
7. The first Respondent shall also consider whether the relief sought by
the Petitioner in prayer clause (c) which reads as under can be granted:
"(c) this Hon'ble Court be pleased to further
direct the Respondents to calculate the
respective temporary services rendered by the
respective members of the Petitioner, prior to
their respective regular appointments, as
worked out in the Statement of Service
particulars (annexed at Exhibit-A), and further
consider such respective temporary service
period of the respective members of the
Petitioner for fixing their respective pay scale
and other monetary benefits and further release
arrears of pay to the respective members of the
Petitioner accordingly."
8. The aforesaid exercise shall also be undertaken by 31st March 2024.
9. Rule is disposed of in aforesaid terms. No order as to costs.
(FIRDOSH P. POONIWALLA, J.) (A.S.CHANDURKAR, J.)
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