Latika Bhanushali v. The State Of Maharashtra Thr. Its Principal Secretary Department Of School Edu. And Sports And ORS

Trupti 1 36-wp-134-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 134 OF 2024 Dr. Latika Bhanushali ...

Petitioner versus State of Maharashtra and Others ...

Respondents .......

Mr.Mihir Desai, Senior Advocate with Ms.Sanskruti Yagnik for the Petitioner.

Mr.K.S.Thorat, AGP for Respondent Nos. 1 to 4-State. .......

CORAM : NITIN JAMDAR & M.M.SATHAYE, JJ.

DATE : 10 JANUARY 2024 P.C.:

Heard the learned Counsel for the parties.

TRUPTI SADANAND BAMNE 2.

The Petitioner is seeking a direction that the Petitioner should by TRUPTI SADANAND BAMNE Date: 2024.01.15 16:02:20 +0530 be given benefits of an old pension scheme.

3.

The learned Senior Advocate for the Petitioner contends that though it is correct that the entire service of the Petitioner from the initial date of appointment, that is, 1 September 1999 was not on full time basis, but she was appointed on part time basis and on that ground, the Petitioner cannot be denied the benefits of the old pension scheme, since the service on part time basis cannot be

Trupti 2 36-wp-134-2024.doc completely excluded from consideration. However, we do not find any order of rejection or a decision of the Respondents regarding entitlement of the Petitioner.

4.

We direct Respondent No.2-Education Commissioner to take a decision as to whether the Petitioner is entitled to the old pension scheme. Respondent No.2- Education Commissioner will examine the relevant Government Resolution and the facts of the Petitioner's case. If the Petitioner is entitled, Respondent No.2- Education Commissioner will proceed to pass necessary orders. If any adverse order is proposed to be passed, then Respondent No.2- Education Commissioner will issue notice to the Petitioner setting out the proposed grounds to call upon the Petitioner to submit report/ reply. 5.

After the reply is so received, Respondent No.2- Education Commissioner will deal with the same including the judgments of this Court cited, if any, and pass a reasoned order. Let this exercise be completed within a period of four months from today, subject to earlier time bound commitments.

6.

The writ petition is accordingly disposed of. (M.M.SATHAYE, J.) (NITIN JAMDAR, J.)