Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2019 Supreme(Bom) 720

S.C.DHARMADHIKARI, AKIL KURESHI, NITIN W.SAMBRE
Deshmukh Dilipkumar Bhagwan – Appellant
Versus
State of Maharashtra – Respondent

Advocates Appeared:
S.S. Pakle, Adv., Manisha Devkar, Adv., Avinash R Belge, Adv., Shankar Maruti Katkar, Adv., Kirankumar J Phakade, Adv., Sachin Punde, Adv., S.B. Deshmukh, Adv., N.V. Bandiwadekar, Adv., Sagar Mane, Adv., Vinayak Kumbhar, Adv., Ashutosh Patil, Adv., Anirudha Joshi, Adv., S.M. Katkar, Adv., Tejas Dande, Adv., Bharat Gadhvi, Adv., Vishal Navale, Adv., Tejas Dande & Associates, Adv., Sumit Kate, Adv., Vaishnavi Gujarathi, Adv., Siddhesh Pilankar, Adv., Uday Warunjikar, Adv., Gajanan K Kshirsagar, Adv., Manish Pabale, Adv., Vivek Salunkhe, Adv., Umesh Kurund, Adv., Mohanish Chaudhari, Adv., Ashish S Gaikwad, Adv., Bhavana R Khichi, Adv., Mihir Desai, Adv., Sariputta P Sarnath, Adv., Chetan Mali, Adv., Swaraj Jadhav, Adv., Devyani Kulkarni, Adv., Mihir Joshi, Adv., Pranita Hingmire, Adv., R.S. Apte, Adv., M.P. Thakur, Adv.

Judgement Key Points

Key Points: - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!)

What is the eligibility of employees of private aided schools for old pension scheme versus the Defined Contributory Pension (DCP) scheme when schools receive 100% grant-in-aid after 1 November 2005?

What is the definition of an "aided institution" for pension eligibility in the context of private recognized schools and colleges of education?

Whether employees appointed prior to 1 November 2005 in partially aided or subsequently fully aided institutions are governed by the Old Pension Scheme or the DCP scheme?

JUDGMENT :

AKIL KURESHI, J.

1. At the outset, we may record in brief the facts leading to the present Reference.

The petitioners in these petitions are teachers and non-teaching staff regularly appointed in various recognized aided schools in the State of Maharashtra. The respective schools are presently receiving 100% grant-in-aid from the State Government. All these employees were appointed prior to 1.11.2005. However, at the time of their appointments, the schools were not receiving 100% grant-in-aid. Admitted position is that all the schools started receiving 100% grant-in-aid from the Government only after 1.11.2005. The significance of this cut off date of 1.11.2005 would become clear as we record further facts. At this stage, however, we note that the Government of Maharashtra has introduced a Defined Contributory Pension Scheme ("DCP Scheme" for short) w.e.f. 1.11.2005 for the State Government employees as well as for the staff of private aided schools and colleges replacing the existing pension scheme. Petitioners claim that as they have been recruited prior to 1.11.2005, they would be governed by the old pension scheme irrespective of the fact that the schools in which they

Click Here to Read the rest of this document

2019 Supreme(Bom) 720

S.C.DHARMADHIKARI, AKIL KURESHI, NITIN W.SAMBREDeshmukh Dilipkumar Bhagwan – AppellantVersusState of Maharashtra – Respondent

What is the eligibility of employees of private aided schools for old pension scheme versus the Defined Contributory Pension (DCP) scheme when schools receive 100% grant-in-aid after 1 November 2005?

What is the definition of an "aided institution" for pension eligibility in the context of private recognized schools and colleges of education?

Whether employees appointed prior to 1 November 2005 in partially aided or subsequently fully aided institutions are governed by the Old Pension Scheme or the DCP scheme?

Cases Referred (8)

S.C.DHARMADHIKARI, AKIL KURESHI, NITIN W.SAMBRE
Deshmukh Dilipkumar Bhagwan – Appellant
Versus
State of Maharashtra – Respondent