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2022 Supreme(Bom) 787

SANDEEP V.MARNE, MANGESH S.PATIL
Anil Popat Chobhe – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Sharad V. Natu
For the Respondent: Mr. A. S. Shinde

JUDGEMENT :

Sandeep V. Marne, J.

1. Heard. Rule. Rule is made returnable forthwith. Mr. A.S. Shinde, Mrs. Vaishali N. Patil – Jadhav, Mrs. R.P. Gour, Mrs. M.A. Deshpande, learned Assistant/Additional Government Pleaders waive service for the respondent - State. At the joint request of learned advocate for the petitioners and the learned AGPs, the matters are heard finally at the admission stage.

2. The common issue that arises for our consideration in these five petitions is, whether the teachers appointed in aided schools on part-time basis prior to 01.11.2005 and approved as full time teachers after 01.11.2005 are entitled to be governed by the pension scheme under the Maharashtra Civil Services (Pension) Rules, 1982 or whether they would be governed by the Defined Contributory Pension Scheme introduced by the State Government vide the Government Resolution dated 31.10.2005 ?

3. At the outset, we must indicate that this issue is no more res integra and has been covered by numerous decisions of this Court. Ordinarily, we would have followed those decisions instead of rendering thi

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