Bombay High Court
Smt. Mangal Gopala Khillare vs The State Of Maharashtra, Thr. ... on 23 October, 2023
Bench: A.S. Chandurkar, Abhay Jainarayanji Mantri
2023:BHC-NAG:15573-DB
7-WP-5778-2023 c conn.odt 1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH : NAGPUR.
WRIT PETITION NO.5778 of 2023
Smt. Mangal G. Khillare vs. State of Maharashtra and others.
With
WRIT PETITION NO.5772 of 2023
Gajanan Haribhau Sadar vs. State of Maharashtra and others.
With
WRIT PETITION NO.5784 of 2023
Smt. Sulochana Madhav Khodake vs. State of Maharashtra and others.
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Office Notes, Office Memoranda of Court's or Judge's Order
Coram, appearances, Court's Orders
or directions and Registrar's order
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Shri A.G.Ambetkar, Advocate for petitioner in all writ petitions.
Shri H.D.Marathe, for respondent nos. 1 to 3 and 5 in all writ petitions.
Shri N. B. Patekar, Advocate for respondent no.6 in all writ petitions.
CORAM :- A.S.CHANDURKAR AND ABHAY J. MANTRI, JJ.
DATE :- 23rd OCTOBER, 2023
Each petitioner claims to have been appointed on an unaided
post as full time Assistant Teacher' prior to 01.11.2005. Subsequently
each petitioner is appointed as full time 'Teacher' on an aided post. The
petitioners claim a declaration as regards applicability of the old
pension scheme to receive such benefits.
2. Learned Counsel for the petitioners relies upon the judgment
delivered by this Court at Principal Seat dated 01.10.2021 in the
Writ Petition No. 4748 of 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 of
2021(Smt. Manasi Sudhir Mane Vs. The State of
Maharashtra and ors.) with connected writ petitions and the decision
in Prakash Arjun Rajeshirke and anr. vs. State of Maharashtra and anr.
[2021 DGLS (Bomb.) 1742].
3. 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 each petitioner is relegated to the
Respondent No. 4 - Education Officer (Primary) for taking
appropriate decision depending upon the outcome of
verification and the facts governing the case of each
petitioner.
(ii) Respondent No.4-Education Officer (Primary) is
directed to decide the case of each petitioner regarding
applicability of the old pension scheme as per Maharashtra
Civil Services (Pension) Rules, 1982 and Maharashtra Civil
Services (Computation of Pensions) Rules-1984 and General
Provident Fund Scheme by keeping in view 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(s) is/are governed by old pension
scheme, he shall issue necessary directions to not deduct any
amount from the salary payable to such petitioner 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 the petitioner(s) 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(s) is/are 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
respective petitioners within four weeks of the date on which his/her
eligibility is determined.
(v) The petitioners to appear before the Respondent No.4 -
Education Officer (Primary) on 06.11.2023. The petitioners shall serve
a copy of this order on the Education Officer (Primary) prior to said
date of appearance.
4. The writ petitions stand disposed of accordingly. No costs.
(ABHAY J. MANTRI, J.) (A.S.CHANDURKAR, J.)
Andurkar.
Signed by: Jayant S. Andurkar
Designation: PA To Honourable Judge
Date: 25/10/2023 19:10:58
