Devendra Gopalrao Abetkar vs State of Maharashtra

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2018 Supreme(Bom) 1790

S.V.GANGAPURWALA, SUNIL K.KOTWAL
Devendra Gopalrao Abetkar – Appellant
Versus
State of Maharashtra – Respondent

Advocates Appeared:
P.R. Katneshwarkar, Adv., A.G. Ambetkar, Adv., S.B. Yawalkar, Adv., S.T. Shelke, Adv., S.S. Kulkarni, Adv., B.S. Deshmukh, Adv., S.Y. Yawalkar, Adv., P.D. Bachate, Adv., Y.B. Bolkar, Adv., R.N. Jain, Adv., A.N. Nagargoje, Adv., Manjushri Shendge Narwade, Adv., Surekha P Mahajan, Adv., Suvidh S Kulkarni, Adv., Mayur G Deokate, Adv., Shailesh P Brahme, Adv., M.S. Sonawane, Adv., Sambhaji S Tope, Adv., Vaibhav U Pawar, Adv., Abhijit G Choudhari, Adv., N.L. Chaudhari, Adv., A.V. Rakh, Adv., Arvind G Ambetkar, Adv., Dhanaji S Kudle, Adv., Vinod P Patil, Adv., Dhanji S Kudle, Adv., Ganesh J Kore, Adv., Arun V Rakh, Adv., Vivek U Rathod, Adv., K.K. Kulkarni, Adv., S.N. Patne, Adv., R.D. Kawade, Adv., R.J. Nirmal, Adv., Sham B Patil, Adv.

JUDGMENT :

S.V. Gangapurwala, J.

Rule. Rule made returnable forthwith. With the consent of parties taken up for final hearing.

2. All these writ petitions are based on similar set of facts and involve common question of law, as such to avoid rigmarole are decided by the common judgment.

3. The petitioners assail the Government Resolution dated 31st October, 2005 and the subsequent Government Resolutions/Circulars. Under the impugned Government Resolution and Circular primary teachers and employees of the Government aided private schools and Zilla Parishad appointed on or after 01.11.2005 are governed by the New Defined Contributory Pension Scheme (for short "D.C.P.S."). These teachers/employees appointed on or after 01.11.2005 are not entitled for the benefit of the old pension scheme in view of G. R. dated 31.10.2005 and resolutions/circulars issued thereof.

4. Mr. Katneshwarkar, the learned advocate led the arguments on behalf of petitioners and other advocates adopted the arguments and also added their views. The submissions of the learned counsel for petitioners are summarized as under :

A. The petitioners are the permanent employees and members of the District Service Class - III. T

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2018 Supreme(Bom) 1790

S.V.GANGAPURWALA, SUNIL K.KOTWALDevendra Gopalrao Abetkar – AppellantVersusState of Maharashtra – Respondent

Cases Referred (11)

S.V.GANGAPURWALA, SUNIL K.KOTWAL
Devendra Gopalrao Abetkar – Appellant
Versus
State of Maharashtra – Respondent