Namdeo Sarjerao Jarange And Others v. The State Of Maharashtra And Others

( 1 ) 26 wp 3083.14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 26 WRIT PETITION NO.3083 OF 2014 NAMDEO SARJERAO JARANGE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioners : Mr. Dhakne Vijay A. AGP for Respondents/State : Mr. S.B. Yawalkar ...

CORAM :

S.V. GANGAPURWALA & MANGESH S. PATIL, JJ.

DATE :

03.06.2019 P.C. :- The petitioners are challenging the communication governing them by defined contributory pension scheme. The petitioners were appointed in the year 2000-2001 and in the year 2004, 40% grant in aid was received to the institution. The issue is no longer res integra. The learned A.G.P. relies on the judgment of the Full Bench of this Court in Writ Petition No. 8387 of 2013 with connected writ petitions dated 30.04.2019. 2.

In view of the judgment of the Full Bench of this Court in Writ Petition No. 8387 of 2013 with connected writ petitions dated 30.04.2019 at the Principal Seat the issue is no longer res integra. It is held that such petitioners would be governed by D.C.P.S. It has been held by the full bench that the employees who are appointed prior to 01.11.2005 in aided

( 2 ) 26 wp 3083.14 recognized primary, secondary schools as well as colleges of education which were receiving less than 100% grant in aid as on 01.11.2005 would be governed by D.C.P.S.

3.

In light of the above, writ petition is dismissed. No costs. [MANGESH S. PATIL, J.] [S.V. GANGAPURWALA, J.] mub