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RAVINDRA V. GHUGE, SANJAY A. DESHMUKH
Snehal S/o Baburao Kuwar – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
1. Rule. Rule made returnable forthwith and heard finally by the consent of the parties.
2. The petitioner put-forth prayer clause-C as under:
3. The learned advocate for the petitioner submits on instructions that though he has challenged the Government resolution dated 31.10.2005, he would not press the said prayer and he desires that his claim be decided in the light of his appointment order and the placement granted to him.
4. Having considered the strenuous submissions of the learned advocates representing the respective sides, we find that the sequence of events need to be set out as under:
B) The petitioner applied in pursuanc
The timing and completion of the recruitment process are crucial in determining entitlement to specific pension schemes and benefits.
The delay in the appointment process did not entitle the petitioners to the benefits of the old pension scheme, and the 1969 Circular was not binding to support their claim.
Service matter - Pension - Applicability of Government Resolution - The Government servants whose appointment were issued prior to 31st October, 2005 would be governed by the old pension scheme.
The main legal point established in the judgment is that the right to be governed by a pension scheme is determined by the date of commencement of the recruitment process, and delay in appointment du....
The date of appointment, rather than joining, determines entitlement to pension schemes; rights crystallized before policy changes must be honored.
Administrative delay in issuing appointment orders does not disqualify an employee from pension schemes if they were part of a selection process completed for their batch-mates prior to the relevant ....
The main legal point established in the judgment is that employees appointed in fully aided posts prior to 01-11-2005 are entitled to the benefit of the Old Pension Scheme, regardless of the date of ....
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