JUDGMENT

R.I. CHAGLA, J.

Rule. Learned AGP waives service on behalf of the Respondent-State.

2. Heard finally by consent of parties.

3. By this Petition filed under Article 226 of the Constitution of India, the Petitioners are seeking declaration that they are governed under the old pension scheme i.e. Maharashtra Civil Services (Pension) Rules, 1982 and Maharashtra Civil Services (Commutation of Pension) Rules, 1984 and General Provident Fund which are applicable to the Assistant Teachers and Non-Teaching employees, who are appointed prior to 1st November, 2005.

4. Further direction is sought directing Respondent Nos. 1 to 5 to continue to extend the benefits of old pension scheme to the Petitioners and the Respondents be restrained from enforcing and applying the new pension scheme i.e. Defined Contribution Pension Scheme (“DCP Scheme”) to the Petitioners in any manner and/or by any method. The challenge to the Government Resolution dated 29th November, 2010 although raised in the Petition, is not pressed. Since almost identical issues arise in these Petitions, they are disposed of together.

5. The Petitioners in these Petitions along with the dates of appointment to their respective p