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IN THE HIGH COURT OF BOMBAY
R.D. DHANUKA, R. I. CHAGLA, JJ.
Nilesh S/o Namdev Gurav and others – Appellants
Versus
State Of Maharashtra and others – Respondents
W.P. Nos. 4748, 4744, 4747 and 4749 of 2019
Decided on : 01-10-2021
Pension Scheme - Educational Institutions - Maharashtra Civil Services (Pension) Rules, 1982, Maharashtra Civil Services (Commutation of Pension) Rules, 1984 - Writ Petition No. 4748 OF 2019, Writ Petition No. 4744 OF 2019, Writ Petition No. 4747 OF 2019, Writ Petition No. 4749 OF 2019
Fact of the Case:
The petitioners sought declaration that they are governed under the old pension scheme applicable to Assistant Teachers and Non-Teaching employees appointed prior to 1st November, 2005. The respondents were directed to extend the benefits of the old pension scheme and refrain from enforcing the new pension scheme.
Finding of the Court:
The court found that the petitioners, appointed prior to 1st November, 2005 in fully aided educational institutions, were entitled to the benefits of the old pension scheme. The court ordered the respondents to extend the old pension scheme benefits, refund any deducted amounts, and allot General Provident Fund accounts to the petitioners.
Issues: The main issue was the entitlement of the petitioners to the old pension scheme based on their appointment dates and the nature of the educational institutions they were employed in.
Ratio Decidendi: The court held that employees appointed prior to 1st November, 2005 in fully aided educational institutions were entitled to the old pension scheme. The court emphasized that the service of employees of educational institutions is to be counted from the first date of appointment irrespective of whether it is on a part-time or full-time basis.
Final Decision: The court ruled in favor of the petitioners, declaring their entitlement to the old pension scheme and ordering the respondents to extend the benefits, refund any deducted amounts, and allot General Provident Fund accounts to the petitioners.
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 posts; dates of approval of the respective posts; and the names of the respective schools in which the Petitioners are employed, are set out as under :—
WRIT PETITION NO. 4748 OF 2019
SR. NO. NAME OF THE PETITIONERS DATE OF APPOINTMENT AND POST DATE OF APPROVAL AND POST PRESENT NAME OF THE SCHOOL G.P. F. A/C NO.
1. Nilesh Namdev Gurav 26-3-1998 Part-Time Librarian 1-4-2006 Librarian Vidhapeeth High School Kolhapur, Dist. Kolhapur
2. Sanjay Maruti Mane 16-1-1999 Part-Time Assistant Teacher 1-12-2007 Assistant Teacher New English School, Channekuppi, Tq. Gadhinglaj, Dist. Kolhapur
3. Vinayak Gangadhar Chavan 10-7-1998 Part-Time Assistant Teacher 1-7-2006 Assistant Teacher Ajara Mahavidyalaya, Ajara, Tq. Ajara. Dist. Kolhapur
4. Dilip Pandurang Sankpal 20-7-1996 Part-Time Assistant Teacher 12-6-2006 Assistant Teacher Ajara Mahavidyalaya,Ajara, Tq. Ajara. Dist. Kolhapur
5. Smt. Ragini Shankarrao Rajmane 1-12-1999 Part-Time Assistant Teacher 13-7-2006 Assistant Teacher Ajara Mahavidyalaya, Ajara, Tq. Ajara. Dist. Kolhapur
6. Dhanaji Vishnu Kesarkar 9-6-2004 Part-Time Assistant Teacher 1-8-2007 Shikshan Sevak 24-2-2009 Assistant Teacher Vidhapeeth High School Kolhapur, Dist. Kolhapur
WRIT PETITION NO. 4744 OF 2019
Name of Teacher Shri. Aspak s/o Allabaksh Kazi
Name of School English School Mangalwedha, q. Mangalwedha, Dist. Solapur Post : Assistant Teacher
Sr.No Academic Years Post
01. From 8-6-2001 Part time Shikshan Sevak
02. From 11-6-2004 Part Time Assistant Teacher
03. From 1-10-2007 Full Time Assistant Teacher
WRIT PETITION NO. 4747 OF 2019
Name of Teacher Shri. Vijay Mukund Kulkarni
Name of School Vidya Mandir High School and Jr. College, Salgar Bk., Tq. Mangalwedha, Dist. Solapur Post : Assistant Teacher
Sr.No. Academic Years Post
01. From 10-6-2004 Part time Shikshan Sevak
02. From 10-6-2007 Part Time Assistant Teacher
03. From 15-6-2009 Full Time Assistant Teacher
WRIT PETITION NO. 4749 OF 2019
SR. No. NAME OF THE PETITIONERS DATE OF APPOINTMENT AND POST DATE OF CONFIRMATION AND POST DATE OF APPROVAL AND POST PRESENT NAME OF THE SCHOOL G.P.F A/C No.
1. Jagdish Maruti Bhadarage 01/10/2005 Part-Time Shikshan Sevak 01/12/2006 Shikshan Sevak 28/05/20 09 Assistant Teacher Sou.Vijaymal a Dinkarrao Shinde High School Gadhinglaj, Ta. Gadhinglas, Dist. Kolhapur
2. Kumar Ramchandra Kurukale 01/10/2005 Part-Time Shikshan Sevak 15/06/2007 Shikshan Sevak 22/09/20 09 Assistant Teacher Nagojirao Patankar High School Kolhapur, Dist. Kolhapur
3. Tanaji Bharamu Amage 01/09/2004 Part-Time Shikshan Sevak 01/12/2007 Shikshan Sevak 18/06/20 09 Assistant Teacher Shri Ram High School, Nangnur, Tq. Gadhinglaj, Dist. Kolhapur
4. Narayan Vithoba Hodage 02/0- 7/2001 Part-Time Shikshan Sevak 10/07/2007 Shikshan Sevak 11/02/20 08 Assistant Teache
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