Pankaj Maruti Gadhave v. The State Of Maharashtra And ORS.

63.WPNo.61962021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6196 OF 2021 Pankaj Maruti Gadhave ...

Petitioner

Versus

The State of Maharashtra & Ors.

...

Respondents Mr. Satyajeet A. Rajeshirke, Advocate for the Petitioner. Mr. N. C. Walimbe, AGP for the Respondents/State.

CORAM:

S.V. GANGAPURWALA & MADHAV J. JAMDAR, JJ.

DATED :

AUGUST 30, 2022 P.C.

1.

The learned Counsel submits that the petitioner is appointed as part time Assistant Teacher since 8th August 1994 and subsequently upgraded to the post of full time Assistant Teacher since 1st February 2008.

2.

According to the learned Counsel, since 8th August 1994, the petitioner was appointed on 100% grant-in-aid post.

3.

We have heard the learned AGP for the respondents/State.

4.

The issue is no longer interga in view of the order dated 11th April 2022 in Writ Petition No. 8990 of 2021. 5.

In light of that, we follow the same Court.

6.

The petition is, therefore, partly allowed and following directions are issued.

7.

Respondent No.3 Deputy Director is directed to decide Gaikwad RD 1/2

63.WPNo.61962021.doc case of the petitioner regarding applicability of the old pension scheme as per Maharashtra Civil Services (Pension) Rules, 1982 and Maharashtra Civil Services (Computation of Pension) Rules 1984 and General Provident Fund Scheme by keeping in view the law laid down by this Court in its various judgments.

8.

If it is so found by respondent No.3/Deputy Director of Education that the petitioner is governed by old pension scheme, the respondent No.3 shall issue necessary directions to not deduct any amount from the salary payable to the petitioner governed by the old pension scheme for the purpose of its applying to the DCPS or NPS, and shall also issue necessary directions for refunding of amount to the petitioner from whose salary, same are deducted, within four weeks of the date on which such determination is made.

9.

In case, it is found that the petitioner is governed by the old pension scheme, necessary directions shall be issued by respondent No.3 to open GPF accounts in the name of the petitioner found eligible for the same, within four weeks of the date on which his eligibility is determined. 10.

The petitioner to appear before respondent No.3 on 21st September 2022.

11.

The writ petition is accordingly disposed of. No costs. (MADHAV J. JAMDAR, J.) (S.V. GANGAPURWALA, J.) by RAJU DATTATRAYA GAIKWAD Date:

2022.09.07 12:22:00 +0530 RAJU DATTATRAYA GAIKWAD Gaikwad RD 2/2