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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
VIBHA KANKANWADI, HITEN S.VENEGAVKAR
Bhagwan S/o Vitthalrao Wakde – Appellant
Versus
State of Maharashtra – Respondent
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 0
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.
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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