Pramod Vasantrao Patil v. The State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 230 OF 2023 Pramod Vasantrao Patil.

... Petitioner

VERSUS

The State of Maharashtra and others ... Respondents Mr. Paresh B.Patil-Borse Advocate for the petitioner Mr. Mr. S. J. Salgare, AGP for the respondents-State

CORAM

:S.V. GANGAPURWALA, ACTING C. J. & GAURI GODSE, J.

DATE : 23rd JANUARY, 2023 ORDER:

1.

Petitioner claims to have been appointed on 100% grant-inaid post as a part time "Shikshan Sevak/Assistant Teacher" prior to 01.11.2005, subsequently he is appointed as full time "Assistant Teacher" on aided post. The petitioner claims applicability of the old pension scheme.

2.

Learned Counsel for the petitioner relies upon the judgment delivered by this Court dated 01.10.2021 in the Writ Petition No.4748 of 2019 with connected matters and the judgment and Order dated 11.04.2022 in Writ Petition No. 8990 of 2021 with connected writ petitions.

3.

In light of the above and for the reasons recorded, we pass the same order as follows :- (i) In view of above, we find it necessary to relegate the case of the petitioners to the respondent no.4 - Deputy Director of Education, as the case may be, for taking appropriate decision depending upon the outcome of verification and the facts governing the case of the petitioner.

(ii) The petition is, therefore, partly allowed and following directions are issued :- (a) Respondent no.4 - Deputy Director of Education is directed to decide 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 Pensions) Rules, 1984 and General Provident Fund Scheme by keeping in view law laid down by this Court in its various judgments including the judgments referred to in the body of the judgment.

(b) If it is so found by respondent no.4 - Deputy Director of Education that the petitioner is governed by old pension scheme, the respondent no.4, as the case may be, shall issue necessary directions not to 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 the amount to the petitioner, if same is deducted from his salary, within four weeks of the date on which such determination is made.

(c) In case it is found that the petitioner is governed by the old pension scheme, necessary directions shall be issued by respondent no.4 - Deputy Director of Education to open GPF accounts in the name of the petitioners found eligible for same, within four weeks of the date on which their eligibility is determined.

(d) The petitioner to appear before the respondent no.4 - Deputy Director of Education, as the case may be, on 06.02.2023. 4.

Writ Petition stands disposed of accordingly. (GAURI GODSE, J) ( ACTING CHIEF JUSTICE ) JPChavan