Bombay High Court
Smt. Anuradha Pramod Kale @ ... vs The State Of Maharashtra, Thr. ... on 11 January, 2023
Bench: A.S. Chandurkar, Vrushali V. Joshi
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
WRIT PETITION NO. 327 OF 2023
(Smt. Anuradha Pramod Kale @ Anuradha Ashokrao Sagane Vs. The State of Maharashtra & Ors.)
Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions Court's or Judge's order
and Registrar's orders.
Shri Ketan D. Pote h/f Shri A.G. Ambetkar, Advocate for the petitioner.
Ms. S.S. Jachak, Assistant Government Pleader for the respondents/ State.
CORAM : A. S. CHANDURKAR AND MRS. VRUSHALI V. JOSHI, JJ.
DATE : JANUARY 11, 2023
The petitioner claims to have been appointed on partially grant-in-aid
teaching post prior to 01/11/2005. The petitioner claims 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.
The learned Counsel for the petitioner rely 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 ors. Vs. The State of Maharashtra and ors. )
with connected matters and the judgment and order dated 11/04/2022 in Writ
Petition No. 8990/2021 (Smt. Manasi Sudhir Mane Vs. The State of Maharashtra
and ors.) with connected Writ Petitions.
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 the petitioner is relegated to the Deputy Director of
Education for taking appropriate decision depending upon the outcome of
verification and the facts governing the case of the petitioner.
(ii) The Deputy Director of Education is directed to decide the case of the
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 that the
petitioner is governed by the old pension scheme, he shall issue necessary
2 26-WP-327-2023.odt
directions to not deduct any amount from the salary payable to the 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 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 is governed by the old pension
scheme, necessary directions shall be issued by the Deputy Director of Education
to open GPF account in the name of the petitioner within four weeks from the
date on which her eligibility is determined.
(v) The petitioner to appear before the Deputy Director of Education on
30/1/2023 to enable consideration of the aforesaid.
The Writ Petition is disposed of accordingly. No costs.
(MRS. VRUSHALI V. JOSHI, J.) (A. S. CHANDURKAR, J.)
SUMIT
Digitally signed bySUMIT CHETAN
AGRAWAL
Signing Date:12.01.2023 17:52
