Bombay High Court
Rohidas Fattu Pawar vs The State Of Maharashtra Through ... on 11 October, 2023
Bench: Ravindra V. Ghuge, S. G. Mehare
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
1031 WRIT PETITION NO.10128 OF 2023
(Chandrakant Mohanrav Lipane Vs. The State of Maharashtra and
others)
WITH
WRIT PETITION NO.6269 OF 2023
(Shantilal Devsing Rathod Vs. The State Of Maharashtra Through
Secretary And Others)
WITH
WRIT PETITION NO.6271 OF 2023
Chhagan Hansraj Chavan
VERSUS
The State Of Maharashtra Through Secretary And Others
WITH
WRIT PETITION NO.6217 OF 2023
Rajaram Bhagu Rathod
VERSUS
The State Of Maharashtra Through Secretary And Others
WITH
WRIT PETITION NO.6226 OF 2023
Manisha Chandrakant Pirane
VERSUS
The State Of Maharashtra Through Secretary And Others
WITH
WRIT PETITION NO.6210 OF 2023
Rauf Abdul Kadar Patel
VERSUS
The State Of Maharashtra Through Secretary And Others
WITH
WRIT PETITION NO.6218 OF 2023
Baburav Fattu Pawar
VERSUS
The State Of Maharashtra Through Secretary And Others
WITH
WRIT PETITION NO.6230 OF 2023
Chhaya Prabhu Chavan
VERSUS
The State Of Maharashtra Through Secretary And Others
khs/Oct.2023/10128
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WITH
WRIT PETITION NO.6253 OF 2023
Baban Shrichand Chavan
VERSUS
The State Of Maharashtra Through Secretary And Others
WITH
WRIT PETITION NO.6261 OF 2023
Suman Ranganath Chaudhari
VERSUS
The State Of Maharashtra Through Secretary And Others
WITH
WRIT PETITION NO.6228 OF 2023
Ramesh Mangilal Lakhara
VERSUS
The State Of Maharashtra Through Secretary And Others
WITH
WRIT PETITION NO.6216 OF 2023
Pavan Dhuma Jadhav
VERSUS
The State Of Maharashtra Through Secretary And Others
WITH
WRIT PETITION NO.6229 OF 2023
Punamchand Raysing Chavhan
VERSUS
The State Of Maharashtra Through Secretary And Others
WITH
WRIT PETITION NO.6219 OF 2023
Saban Ramajan Tadavi
VERSUS
The State Of Maharashtra Through Secretary And Others
WITH
WRIT PETITION NO.6260 OF 2023
Bapu Raghunath Bari
VERSUS
The State Of Maharashtra Through Secretary And Others
WITH
WRIT PETITION NO.6248 OF 2023
Pravin Gokul Sathe
VERSUS
The State Of Maharashtra Through Secretary And Others
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WITH
WRIT PETITION NO.6254 OF 2023
Rohidas Fattu Pawar
VERSUS
The State Of Maharashtra Through Secretary And Others
WITH
WRIT PETITION NO.6227 OF 2023
Sadhana Shivaji Patil
VERSUS
The State Of Maharashtra Through Secretary And Others
Mr.Shaikh Ashraf Patel, Advocate for the Petitioners.
( CORAM : RAVINDRA V. GHUGE AND
S.G.MEHARE, JJ.)
DATE : October 11, 2023
PER COURT :
1. The Special Bench was constituted for the purpose of
considering this motion for "Speaking to the Minutes" of the order
dated 29.09.2023.
2. The learned Advocate for the Petitioners submits that the
Deputy Director of Education, Aurangabad Division and the said
Authority, Nashik Division, as the case may be, have to be arrayed in the
title clause. So also in paragraph No.5(b), the Deputy Director of
Education, Nashik Division Nashik will have to be added.
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3. In view of the above, these motions are disposed off. In
paragraph no.1, after the words Aurangabad Division, "and Nashik
Division" be added. Similarly, in Paragraph No.5(b), the words "and
Nashik Division" be added after the words Aurangabad.
4. The order be corrected and the corrected order be
uploaded.
( S.G.MEHARE, J. ) ( RAVINDRA V. GHUGE, J.)
(This order dated 29.09.2023 stands corrected and uploaded in view of
the order dated 11.10.2023 passed on the motion for "speaking to the
Minutes" of the order)
1031 WRIT PETITION NO.10128 OF 2023
CHANDRAKANT MOHANRAV LIPANE
VERSUS
THE STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS
WITH
1099 WRIT PETITION NO.6253 OF 2023
WITH WP/6269/2023 WITH WP/6271/2023 WITH WP/6217/2023
WITH WP/6226/2023 WITH WP/6210/2023 WITH WP/6218/2023
WITH WP/6230/2023 WITH WP/6261/2023 WITH WP/6228/2023
WITH WP/6216/2023 WITH WP/6229/2023 WITH WP/6219/2023
WITH WP/6260/2023 WITH WP/6248/2023 WITH WP/6254/2023
WITH WP/6227/2023
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BABAN SHRICHAND CHAVAN
VERSUS
THE STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS
Smt.Asha D.Rakh h/f Mr.Shaikh Ashraf Patel, Advocate for the
Petitioners.
Mr.P.K.Lakhotiya, Mr.P.S.Patil, AGPs' for Respondent Nos. 1 and 2.
Mr.V.C.Patil h/f Mr.U.B.Bondar, Advocate for Respondent Nos. 3 to 5 in
WP Nos. 10128/2023, 6261/2023, 6254/2023, 6210/2023,
6216/2023, 6217/2023, 6218/2023, 6226/2023, 6229/2023,
6230/2023, 6269/2023, 6253/2023.
Mr. Rajesh Mewara, Advocate for Respondent Nos. 3 to 5 in WP Nos.
6260/2023, 6228/2023, 6271/2023, 6248/2023 and 6219/2023.
( CORAM : RAVINDRA V. GHUGE AND
S.G.MEHARE, JJ.)
DATE : SEPTEMBER 29, 2023
PER COURT :
1. Leave to add the Deputy Director of Education,
Aurangabad Division and Nashik Division as a Respondent, if not
arrayed. Addition be carried out forthwith. The learned AGP causes an
appearance on behalf of the added Respondent.
2. The Petitioners rely upon a common order dated
11.04.2022 passed by this Court at the Principal Seat in Writ Petition
No.8990 of 2021, more particularly, for the directions of the Court that
the cases of these Petitioners be referred to the Deputy Director of
khs/Oct.2023/10128
Education for scrutiny and verification as regards their dates of
appointment and their eligibility for the old pension scheme in the light
of the Government Resolution dated 31.10.2005.
3. The learned Advocates for the Respondents submit that the
same directions be made applicable in these cases.
4. For the sake of brevity, we are reproducing the directions
issued by the said Court in paragraph numbers 11 to 14, as under:-
"11. Respondent No.3 or Deputy Director of Respondent No.4,
as the case may be, are directed to decide case of each of the
Petitioners regarding applicability of the old pension scheme as
per Maharashtra Civil Services (Pension) Rules, 1982 and
Maharashtra Civil Services (Commutation of Pension) Rules 1984
and General Provident Fund Scheme by keeping in view law laid
down by this Court in its various judgments including the
judgments referred to in the body of the judgment.
12. If it is so found by Respondent No.3 or Deputy Director of
Respondent No.4, as the case may be, that the Petitioners are
governed by old pension scheme, the Respondent No.3 or
Respondent No.4, as the case may be, shall issue necessary
directions to not deduct any amount from the salary payable to
the Petitioners governed by the old pension scheme for the
purpose of its applying to the DCPS or NPS, and shall also issue
necessary directions for refunding of these amounts to those
petitioners from whose salary, same are deducted, within four
weeks of the date on which such determination is made.
13. In case it is found that the Petitioners are governed by the
old pension scheme necessary directions shall be issued by
Respondent No.3 or Deputy Director of Respondent No.4, as the
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case may be, to open GPF accounts in the names of the
Petitioners found eligible for same, within four weeks of the date
on which their eligibility is determined.
14. Each of the Petitioners to appear before the Respondent
No.3 or Deputy Director of Respondent No.4, as the case may be,
on 18th April, 2022."
5. In view of the above, all these Petitions are disposed off
with the following directions:-
[a] The impugned order directing the deduction towards the Defined
Contribution Pension Scheme [DCPS], shall be kept in
abeyance.
[b] The Deputy Director of Education, Aurangabad Division,
Aurangabad and Nashik Division shall issue notice to each of
these Petitioners within 15 days from today and allot them
particular dates and time to cause their appearance along with
their records.
[c] On the date of hearing, the Deputy Director of Education,
Aurangabad, would consider the records produced by the
Petitioners, if any, and conduct a verification exercise as regards
their exact dates of appointment and their eligibility in the light
of the Government Resolution dated 31.10.2005.
[d] Let this exercise be completed within sixty [60] days from the
date of appearance of the parties.
[e] After the verification exercise is completed, those who are
held eligible for the old pension scheme, shall be communicated
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in writing, and in case, there are any deductions made towards
the DCPS, the said deductions shall be returned/re-deposited in
their salary account.
[f] In the case of those who are found to be ineligible, individual
reasoned order shall be passed and the same same shall be
conveyed to the concerned Petitioners within 15 days of
drawing such conclusion.
[g] The aggrieved parties would be at liberty to avail of the
remedies as may be statutorily permissible.
( S.G.MEHARE, J. ) ( RAVINDRA V. GHUGE, J.)
khs/Oct.2023/10128
