Bombay High Court
Gajanan Pralhad Solanke vs The State Of Maharashtra, Thr. ... on 19 December, 2023
Author: Anuja Prabhudessai
Bench: Anuja Prabhudessai
2023:BHC-NAG:17580-DB
37-WP-6436-22.odt
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 6436 OF 2022
Gajanan Pralhad Solanke, Aged 39 years, Petitioner
Occup. Gram Sevak R/o. Gram panchayat
Aambatakali,Tal.Khamgaon,Dist.Buldhana
-Versus-
1. The State of Maharashtra, through its
Secretary Department of Rural
Development Department, Mantralaya,
Mumbai-32
2. State of Maharashtra, Through its Secretary
Department of Finance, Mantralaya,
Mumbai -32.
3. Zilla Parishad, Buldhana, Through its
Chief Executive Officer,
4. The Superintendent, Pay and General Respondents
Provident Fund Unit Zilla Parishad
Buldhana, District Buldhana.
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Mr.P.S.Kshirsagar, counsel for the petitioner.
Mr.N.S.Autkar, AGP for the respondent Nos.1 and 2.
Mr. Tania Mohammad counsel for the respondent Nos.3 and 4.
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CORAM : ANUJA PRABHUDESSAI
AND
VRUSHALI V. JOSHI, JJ.
DATE : 19th December, 2023
ORAL JUDGMENT (Per :Anuja Prabhudessai, J.)
Heard.
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2. Rule. Rule made returnable forthwith. The petition is
heard finally with the consent of the learned counsel for the parties.
3. The petitioner has sought a declaration that he is governed
by Old Pension Scheme and further to direct the respondent No.3
and 4 to open the account under the Pension Rule 1982 and
deduct the amount regularly from the salary of the petitioner in
accordance with the Old Pension Scheme.
4. The petitioner had applied to the post of Gram Sevak
pursuant to the advertisement issued on 02.08.2005. The selection
list was published on 18.09.2005 and the petitioner was appointed
as Gram Sevak on 13.09.2005. In view of the delay in submitting
the Caste Validity Certificate, fresh appointment order came to be
issued on 02.12.2005.
5. The state of Maharashtra by GR dated 31.10.2005
adopted the provisions of DCPS, which were made applicable to all
government servants recruited on or after 01.11.2005. The
petitioner is declined benefits of Old Pension Scheme in view of
the fact that, the petitioner was appointed on 02.12.2005, post the
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Government Resolution dated 31.10.2005.
6. As noted above, the petitioner was already appointed as
Gram Sevak on 30.09.2005 which was prior to GR dated
31.10.2005. The petitioner continued to be in service from the
date of the first appointment dated 30.09.2005. Hence GR dated
31.10.2005 would not be applicable to the case of the petitioner.
The case of the petitioner is also governed by the decision of this
Court in Writ Petition No.3715 of 2022 (Rahul Laxmikant
Kontamwar and ors. Vs. State of Maharashtra) , wherein in similar
facts of the case, the Division Bench of this Court has held that the
Old Pension Scheme would be applicable to cases wherein the
recruitment process had commenced prior to the date of the
Government Resolution. Under the circumstances, it is held that
the petitioner is entitled for benefits of Maharashtra Civil Services
Rules,1982.
7. The respondent No.3 the Chief Executive Officer Zilla
Parishad, Buldhana and Respondent No.4, the Superintendent pay
unit Buldhana to open the accounts under the Pension Rules, 1982
and deduct the amount regularly from the salary of the petitioner
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by applying the same.
8. Rule is made absolute in above terms.
(VRUSHALI V. JOSHI, J) (ANUJA PRABHUDESSAI, J)
Signed by: Kavita P Tayade
Designation: PA To Honourable Judge
Date: 22/12/2023 16:46:36 Kavita.
