Vinod Shivaji Doke And Another v. The State Of Maharashtra Through The Secretary And Others

994-WP-13038-2023.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.13038 OF 2023 VINOD SHIVAJI DOKE AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE SECRETARY AND OTHERS ....

Mr. K. R. Doke, Advocate for Petitioners Mr. B. B. Bhise, Advocate for Respondent Nos. 1 to 4 ....

CORAM : RAVINDRA V. GHUGE AND Y. G. KHOBRAGADE, JJ.

DATE:20.10.2023.

PER COURT :- 1.

The Petitioners rely upon a common order dated 11.04.2022 passed in Writ Petition No.8990 of 2021 at the Principal Seat and several orders passed by this Court. 2.

The issue is as regards verifying whether the Petitioners would be eligible for the benefits under the old pension scheme or the Defined Contribution Pension Scheme. 3.

In view of the above, the Petition is disposed off with the following directions:-

(( 2 )) 994-WP-13038-2023 [a] The impugned order directing the deduction towards Defined Contribution Pension Scheme [DCPS], shall be kept in abeyance.

[b] The Chief Executive Officer, Zilla Paridhad, Osmanabad, shall issue notice to each of these Petitioners within 15 days from today and allot them particular dates and time to cause their appearance along with their records.

[c] On the date of hearing, the Chief Executive Officer, Zilla Parishad, Osmanabad, would consider the records produced by the Petitioners, if any, and conduct a verification exercise as regards their exact dates of appointment and their eligibility in the light of the Government Resolution dated 31.10.2005. [d] Let this exercise be completed within sixty [60] days from the date of appearance of the parties.

[e] After the verification exercise is completed, those who are held eligible for the old pension scheme, shall be communicated in writing, and in case, there are any deductions made towards the DCPS, the said deductions shall be returned/re-deposited in their salary account.

(( 3 )) 994-WP-13038-2023 [f] In the case of those who are found to be ineligible, individual reasoned order shall be passed and the same same shall be conveyed to the concerned Petitioners within 15 days of drawing such conclusion.

[g] The aggrieved parties would be at liberty to avail of the remedies as may be statutorily permissible.

[ Y. G. KHOBRAGADE, J. ] [ RAVINDRA V. GHUGE, J. ] SMS