Ankush Mahadeo Tawale v. The State Of Maharashtra Through Its Secretary And Others

2025:BHC-AUG:17105-DB 939.WP.7910.2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 7910 OF 2025 Ankush Mahadeo Tawale

...Petitioner

Versus

The State of Maharashtra & Ors.

...Respondents

***  Mr. Laxman Vishnu Sangit, for Petitioner.

 Mr. M. M. Nerlikar, Addl. GP for Respondent Nos.1 and 2. *** CORAM : MANISH PITALE AND Y. G. KHOBRAGADE, JJ.

DATE : 03rd JULY 2025.

P. C. :

1.

Heard learned counsel for the petitioner.

2.

By this petition, the petitioner is seeking benefit of old pension scheme. It is to be noted that in the petition itself, the petitioner has stated that he came to be appointed as a peon from 16th February 2006, in a particular pay scale on the basis of resolution passed by the respondent No.3 - Society. The Government Resolution dated 01st October 2005, at Exhibit "C" clearly provides that all the employees appointed after 01st November 2005, will be given the benefit of the new Defined Contribution Pension Scheme in place of the old pension scheme. The petitioner having been appointed after 01st November 2005 i.e. on 16th February 2006, cannot claim benefit of Shrikant Malani

939.WP.7910.2025.doc the old pension scheme.

3.

The contention sought to be raised on behalf of the petitioner that he was working prior to 16th February 2006, as a peon in the office of respondent No.3, is not supported by any document. No appointment order showing the petitioner as having been appointed on 10th June 2005, is produced on record. In fact, the admitted position on facts is clear from the statement made by the petitioner himself that he came to be appointed only on 16th February 2006. 4.

There is no merit in the petition, hence, it is dismissed. (Y. G. KHOBRAGADE, J.) (MANISH PITALE, J.) Signed by: Shrikant Malani Designation: PA to Hon'ble Judge Date: 04/07/2025 10:36:47 Shrikant Malani