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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
VIBHA KANKANWADI, HITEN S.VENEGAVKAR, JJ.
Bhagwan S/o Vitthalrao Wakde - Petitioner
Versus
The State of Maharashtra - Respondent
Writ Petition No.5849, 5852, 5859 of 2024, 9090, 9085 of 2025
Decided On : 27-02-2026
| Table of Content |
|---|
| 1. pre-2005 appointees in non-aided divisions seek old pension. (Para 1 , 2 , 3 , 4) |
| 2. precedents favor old pension; respondents seek verification. (Para 5 , 6) |
| 3. pre-01.11.2005 employees entitled to old pension benefits. (Para 7 , 8 , 9) |
JUDGMENT :
(Per Smt. Vibha Kankanwadi, J.)
1. Writ Petition No.2850 of 2025 is not in board. Upon mentioning, the said petition is taken on board.
2. Rule. Rule made returnable forthwith. Heard by consent of parties.
3. By the present writ petitions, the petitioners claim that they are employees appointed prior to 31.10.2005 in the partially aided division of 100% aided schools and are seeking declaration that the petitioners are governed under 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 Teacher/Jr. College Teachers who are appointed prior to 01.11.2005 and shall not apply the Defined Contribution Pension Scheme (DCPS) or National Pension Scheme (NPS), which replaces the old pension scheme from 01.11.2005. The petitioners also pray to consequently direct the respondents to take steps to extend benefits under old pension scheme in favour of the petitioners and direct the concerned schools to forthwith submit the pension papers/proposal of the petitioners who are appointed as Assistant Teacher/Junior College Teachers prior to 01.11.2005 and already stood retired within six weeks. The issue involved in these petitions is common and is therefore taken up for consideration.
4. The petitioners have approached this Court seeking multiple reliefs and consequential reliefs arising out of the main reliefs. The facts in detail are noted in tabular form.
| Writ Petition Nos. | Name of Petitioner | Date of First Appointment & (Approval) & Post | Date of Full Time (Approval) & Post | 100% Grant Received in Year | School/College Name |
| WP/5849/2024 | Bhagwan Vitthalrao Wakde Vs. The State of Maharashtra & Ors. | 02.07.1999 (Full-Time Assistant Teacher) (Non grant-in- aid divisions of Jr. College) | 2006-2007 (Full-Time Jr. Lecturer) (100% grant-in-aid divisions of Jr. College) Retired on 31.01.2024 | 1995-1996 | Renuka Secondary & Higher Secondary School Mantha, Tq. Mantha, Dist. Jalna |
| WP/5859/2024 | Shaikh Ayesha Parveen Shaikh Allaoddin Vs. The State of Maharashtra & Ors. | 15.06.2001 (Full-Time Assistant Teacher) (Non grant-in-aid divisions of school) | 2014-2015 (Full-Time Assistant Teacher) (100% grant-in-aid divisions of school) (Retired on 30.06.2022) | 1996 | Bilal Primary School Hamalwadi, Tq. Parli Vaijnath, Dist. Beed. |
| WP/9090/2025 | Minakshi Tryambak Nemade @ Minakshi Vasudeo Hole Vs. The State of Maharashtra & Ors. | 01.07.1999 (Full-Time Assistant Teacher) (100% grant-in-aid divisions of XI class of school) (Non grant-in-aid divisions of XII class of school) | 2007-2008 (Full-Time Assistant Teacher) (100% grant-in-aid divisions of XI & XII class of school) | 1945 (School) 1983-1984 (Jr. College) | N. H. Ranka High School & Jr. College Bodwad, Tq. Bodwad, Dist. Jalgaon. |
| WP/9085/2025 | Mahendra Bhaurao Pandit Vs. The State of Maharashtra & Ors. | 01.07.1999 (Full-Time Assistant Teacher) (100% grant-in-aid divisions of XI class of school) (Non grant-in-aid divisions of XII class of school) | 2007-2008 (Full-Time Assistant Teacher) (100% grant-in-aid divisions of XI & XII class of school) | 1945 (School) 1983-1984 (Jr. College) | N. H. Ranka High School & Jr. College Bodwad, Tq. Bodwad, Dist. Jalgaon. |
| WP/9070/2025 | Anil Tukaram Dandade Vs. The State of Maharashtra & Ors. | 14.06.2003 (Full-Time Assistant Teacher) (100% grant-in-aid divisions of XI class of school) (Non grant-in-aid divisions of XII class of school) | 2007-2008 (Full-Time Assistant Teacher) (100% grant-in-aid divisions of XI & XII class of school) | 1945 (School) 1983-1984 (Jr. College) | N. H. Ranka High School & Jr. College Bodwad, Tq. Bodwad, Dist. Jalgaon. |
| WP/9087/2025 | Dnyaneshwar Jagnnath Chikte Vs. The State of Maharashtra & Ors. | 01.07.1999 (Full-Time Assi | |||
Pre-01.11.2005 appointees in non-grant divisions of 100% grant-in-aid schools entitled to old pension scheme, not DCPS/NPS unless opted; Court bound by precedent, mandates immediate benefits and refu....
Employees appointed prior to 1st November, 2005 in fully aided educational institutions are entitled to the old pension scheme, irrespective of whether they were appointed on a part-time or full-time....
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 option to continue the old pension scheme should be extended to those who participated in the selection process before the crucial date but received appointment letters after that date. Retrospec....
The date of appointment on part-time basis is relevant for determining the applicability of the pension scheme to teachers in aided schools, and only 50% of the service rendered on part-time basis wo....
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.
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.
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 expression ‘qualifying service’ is defined in Rule 5(1)(f) of the Mumbai Municipal Corporation Pension Rules, 1953 to mean and include among others duty performed in a permanent post.
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