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2012 Supreme(Bom) 2152

B.R.GAVAI, A.P.BHANGALE
Homraj Hansaram Bisen – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
For the Applicants:Anand Parchure, Advocate.
For the Respondents:R1 to R3, Ms Bharti Dangre, Addl. Government Pleader, R4, Served, R5, R6 & R7, Pankaj Navlani, Advocate.

Judgment :

(B.R. Gavai, J.)

1. The petitioners have approached this Court challenging legality and validity of the Government Resolution dated 29.11.2010. The petitioners in all these petitions are either teachers or non-teaching staff employed by private school managements. Indisputably, when the petitioners were appointed in the schools in which they were appointed initially, were not admissible to hundred percent grant-in-aid at the time of their appointment and also on 1st November 2005. The Government of Maharashtra under various Government Resolutions has made applicable the provisions contained in the Maharashtra Civil Services (Pension) Rules to the full-time teachers and nonteaching staff in the non-Government/private aided schools. The last of such Pension Scheme was framed under the Maharashtra Civil Services (Pension) Rules, 1982.

2. The Union of India vide Notification issued by its Finance Department dated 22.12.2003 has made applicable Defined Contributory Pension Scheme (for short, the “DCP Scheme”) to the employees who are appointed on or after 1.1.2005. The Union of India has also appointed a Committee for the said purpose. The Government of Maharashtra vide Resolu






















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