Bombay High Court
Karajagi Kalim Basha And Ors vs State Of Maharashtra Thr Its Secretary ... on 29 November, 2023
Author: A.S. Chandurkar
Bench: A.S. Chandurkar
Digitally signed by
RAMESHWAR RAMESHWAR
LAXMAN LAXMAN DILWALE
2023:BHC-AS:35487-DB
DILWALE Date: 2023.11.30
18:27:23 +0200
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.9445 OF 2023
1. Karajagi Kalim Basha }
Age: 47 Years, Occu: Service, }
R/O : Manindargi, Tal : Akkalkot, }
Dist : Solapur, 413 217. }
2. Solapur Social Association Urdu High School }
& Junior College Solapur }
Through Principal /Head Master, }
Mrs. Shabnam Akthar Sayyed, }
Having Regd. Off. At:370-A, }
Muslim PacchaPeth, Solapur-413005. }
3. Solapur Social Association, Solapur }
a Registered Minority Institution }
Through President, }
Dr. Akhlak Ahmed Mohammed Ali Wadwan, }
R/o-130, Siddheshwar Peth, Solapur. }
...Petitioners
Versus
1. State of Maharashtra }
Through its Secretary School Education }
And Sports Department, State of Maharashtra, }
Mantralaya, Mumbai-400 032. }
2. The Secretary, }
Finance Department, State of Maharashtra, }
Mantralay, Mumbai 400 032. }
3. Commissioner of Education, }
Maharashtra State, Central Building, Pune. }
4. Director of Secondary & }
Higher Secondary Education, Maharashtra State, }
Central Building, Pune. }
1/4
35-WP-9445-23.doc
Rameshwar Dilwale
::: Uploaded on - 30/11/2023 ::: Downloaded on - 28/02/2024 05:47:02 :::
5. Deputy Director of Education }
Pune Region, Pune, 17, Dr. Ambedkar Marg, }
Pune-01. }
6. The Education Officer (Secondary), }
Zilla Parishad, Solapur. }
7. The Superintendent (Secondary) }
Pay and Provident Fund Unit }
Squad (Education Department), }
Solapur, Dist : Solapur. }
...Respondents
...
Mr. Akil Kupade for the Petitioners.
Mr. S.B. Kalel, AGP for the Respondent-State.
...
CORAM : A.S. CHANDURKAR &
FIRDOSH P. POONIWALLA, JJ
DATE : 29TH NOVEMBER, 2023.
ORAL JUDGMENT : (PER : A.S. CHANDURKAR J.)
1. Rule. Rule is made returnable forthwith and heard learned
counsel for the parties by consent.
2. The Petitioner no.1 came to be appointed as a part time
Shikshan Sevak prior to 01/11/2005. Thereafter he has been
upgraded as a full time Assistant Teachers in the year 2011. On
this basis, it is urged that the services or the Petitioner no.1 are
governed by the Old Pension Scheme. The Petitioners'
application in that regard dated 04/05/2023 came to be rejected
35-WP-9445-23.doc
Rameshwar Dilwale
by the order dated 18/05/2023 passed by the Education Officer
(Secondary) Zilla Parishad, Solapur. Being aggrieved, the
Petitioners have challenged the said communication.
3. The learned counsel for the Petitioners submits that the
entitlement of the Petitioners to the benefits under the Old
Pension Scheme is not doubted in view of the decision of the co-
ordinate Bench of this Court in Nilesh s/o Namdev Gurav Vs.
The State of Maharashtra and Ors. 1 It has been held
therein that even if the initial appointment is as a part time
teacher prior to 01/11/2005, the benefit of the Old Pension
Scheme would be admissible. He, therefore, submits that
rejection of the application dated 04/05/2023 is unwarranted.
4. The learned Assistant Government Pleader for the
Respondent-State seeks time to file Affidavit-in-Reply.
5. We have perused the decision in Nilesh Namdev Gurav
(supra). The only reason contained in the impugned
communication dated 18/05/2023 is that there are no clear
directions issued by the State Government to grant this benefit.
We find that it was necessary for the Education Officer
(Secondary) to have considered the entitlement of the Petitioner
35-WP-9445-23.doc
Rameshwar Dilwale
no.1 to the benefits under the Old Pension Scheme. Since this
has not been done, we are inclined to direct the Education
Officer (Secondary) to consider such Application in the light of
the decision of this Court in Nilesh Namdev Gurav (supra).
6. Accordingly, for the aforesaid reasons, the communication
dated 18/05/2023 is set aside. The Education Officer
(Secondary) is directed to consider the Petitioners' application
dated 04/05/2023 in the matter of applicability of the Old
Pension Scheme. While doing so, the decision of this Court in
Nilesh Namdev Gurav (supra) shall also be taken into
consideration. The necessary decision on the said application
be taken within a period of 6 weeks of receiving copy of this
order. The application be decided in accordance with law and
the decision taken be communicated to the Petitioners.
7. Rule is disposed of with aforesaid directions with no order
as to costs.
[ FIRDOSH P. POONIWALLA, J. ] [ A.S. CHANDURKAR, J. ]
35-WP-9445-23.doc
Rameshwar Dilwale
