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ROHIT B. DEO, M. W. CHANDWANI
Anjali w/o Anil Tanksale – Appellant
Versus
State of Maharashtra, through its Secretary, Education Department – Respondent
JUDGMENT :
R.B. DEO, J.
Widely worded as the prayer clause is, the grievance which is agitated during the course of hearing is that the petitioner is denied the benefit of the Old Pension Scheme.
2. The State Government issued Government Resolution dated 31-10-2005 which applied the Defined Contributory Pension Scheme (DCPS) replacing the existing Pension Scheme, to Government servants who are recruited on or after 01-11-2005 in State Government service. Clause 4(b) of the Government Resolution dated 31-10-2005 made applicable the DCPS to the employees, who are recruited on or after 01-11-2005, in the services of the Recognized and Aided Educational Institutions, Non-Agricultural Universities and affiliated Non-Government Colleges and Agricultural Universities etc., to whom the existing pension scheme and General Provident Fund Scheme is applicable.
3. The Full Bench of this High Court has held that the Old Pension Scheme shall apply only to employees who were appointed prior to 01-11-2005 in recognized primary, secondary schools or colleges of education which were receiving 100% grant-in- aid as on 01-11-2005 (Deshmukh Dilipkumar Bhagwan and others v. State of Maharashtra and others,
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 ....
Pension scheme - Deduction of monthly salary - since the Petitioner No. 1 had been appointed prior to 1st November, 2005 and occupied a part time fully aided post i.e. receiving 100% grant-in-aid fro....
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....
A teacher's continuous service before the cut-off date of 1.4.2003 qualifies for old pension benefits despite later regularization, affirming the principle of service continuity.
The date of appointment should be considered for pension benefits, and delays caused by the respondents cannot be used to deny the petitioners' rights.
Autonomous bodies adopting Central NPS must apply OM dated 03.03.2023, granting old pension option to employees from pre-22.12.2003 advertisements despite post-01.01.2004 joining.
The date of approval of appointment cannot be construed as the relevant date for considering the applicability of the pension scheme, and it is the original date of appointment that matters for deter....
Coverage under Old Pension Scheme is determined by appointment date, not recruitment process commencement; arbitrary denial underlay by legal precedent is unsupported.
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