Chandrakant Dattatraya Suryawanshi v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 957 Writ Petition No.11576 Of 2021 Chandrakant Dattatraya Suryawanshi .. Petitioner

Versus

The State of Maharashtra and Others .. Respondents ...

Mr Estling S Murge, Advocate for the Petitioner Mr P.K. Lakhotiya, AGP for the respondent - State ...

CORAM

: S. V. GANGAPURWALA AND R.N. LADDHA, JJ.

DATE : 14-10-2021 PER COURT :

1.

Mr Murge, learned Counsel for the petitioner submits that the petitioner was appointed in the year 2001. The petitioner would be governed by the Old Pension Scheme and not by the DCPS. The learned Counsel submits that this aspect has not been considered while negativing the claim of the petitioner. 2.

The learned Counsel for the petitioner does not dispute that the petitioner was brought on 100% grant-in-aid post on 01-03-2009. 3.

In view of the Judgment of the Full Bench of this Court in the case of Deshmukh Dilipkumar Bhagwan and Ors. Vs. State of Maharashtra and Ors., reported in 2019 (3) Mh.L.J. 903, the old Gajanan

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pension scheme would apply if the person is on 100% grant-in-aid on or before 01-11-2005.

4.

In view of that, no relief can be granted to the petitioner. 5.

Writ Petition is disposed of. No costs.

( R. N. LADDHA ) ( S. V. GANGAPURWALA ) JUDGE JUDGE ...

Gajanan