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Bombay High CourtWP/4358/2022disposed off

Smt. Prerna Prakash Satpute @ Ranjana Shivrampant Shiwankar v. The State Of Maharashtra, Thr. Secretary, Finance Dept., State Of Maharashtra, Mumbai And Others

2022-07-29Hon'Ble Shri Justice A.S. Chandurkar,Hon'Ble Justice Urmila Joshi Phalke4 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION (WP) NO. 4338/2022 Rajesh s/o Anant Tumsare ..VS.. The State of Maharashtra and ors. WITH WRIT PETITION (WP) NO. 4347/2022 Sanjay s/o Govindrao Fusey ..VS.. The State of Maharashtra and ors. WITH WRIT PETITION (WP) NO. 4342/2022 Smt. Vaishali Sadanand Tayde ..VS.. The State of Maharashtra and ors. WITH WRIT PETITION (WP) NO. 4346/2022 Nityanand s/o Krishnaji Khandait ..VS.. The State of Maharashtra and ors. WITH WRIT PETITION (WP) NO. 4356/2022 Rajesh s/o Bhiwaraj Lanjewar ..VS.. The State of Maharashtra and ors. WITH WRIT PETITION (WP) NO. 4343/2022 Prashant s/o Vasantrao Bhure ..VS.. The State of Maharashtra and ors. WITH WRIT PETITION (WP) NO. 4344/2022 Punywardhan s/o Abhiman Gondane ..VS.. The State of Maharashtra and ors. WITH WRIT PETITION (WP) NO. 4359/2022 Ghanshyam s/o Jagannath Warudkar ..

VS.. The State of Maharashtra and ors. WITH WRIT PETITION (WP) NO. 4345/2022 Shailesh s/o Yeshwantrao Thote ..VS.. The State of Maharashtra and ors. WITH WRIT PETITION (WP) NO. 4354/2022 Prabal s/o Ravindranath Sarkar ..VS.. The State of Maharashtra and ors. WITH WRIT PETITION (WP) NO. 4353/2022 Smt. Shubhangi Kiran Malewar..VS.. The State of Maharashtra and ors. WITH WRIT PETITION (WP) NO. 4340/2022 Srinivasulu s/o Satyanarayan Gangisetty ..VS.. The State of Maharashtra and ors. WITH WRIT PETITION (WP) NO. 4358/2022 Smt. Prerna Prakash Satpute ..VS.. The State of Maharashtra and ors. WITH WRIT PETITION (WP) NO. 4341/2022 Maroti s/o Bondanna Appanwar ..VS.. The State of Maharashtra and ors. WITH WRIT PETITION (WP) NO. 4351/2022 Hemant s/o Nivruttinath Mandekar ..VS.. The State of Maharashtra and ors.

WRIT PETITION (WP) NO. 4352/2022 Naresh s/o Ram Tammewar ..VS.. The State of Maharashtra and ors. WITH WRIT PETITION (WP) NO. 4348/2022 Dr. Rajesh Dattatraya Gadewar ..VS.. The State of Maharashtra and ors. WITH WRIT PETITION (WP) NO. 4349/2022 Rajesh s/o Pundalik Mohurle ..VS.. The State of Maharashtra and ors. WITH WRIT PETITION (WP) NO. 4355/2022 Sanjay s/o Vasantrao Chavan ..VS.. The State of Maharashtra and ors. WITH WRIT PETITION (WP) NO. 4350/2022 Vinodkumar s/o Parasram Tembhurne ..VS.. The State of Maharashtra and ors. WITH WRIT PETITION (WP) NO. 4339/2022 Sanjay s/o Bhimrao Kale ..VS.. The State of Maharashtra and ors. WITH WRIT PETITION (WP) NO. 4357/2022 Sanjay s/o Krushnaji Donode ..VS.. The State of Maharashtra and ors. ----------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court'

s or Judge'

s Order Coram, appearances, Court'

s Orders or directions and Registrar'

s order__________________________________________________________ Shri A.G. Ambetkar, Advocate for the petitioners in all Wps. Mrs. K.S. Joshi, Incharge Government Pleader for respondent nos. 1 to 5 in WP Nos. 4338/2022, 4356/2022, 4343/2022, 4345/2022 and 4354/2022 Shri D.P. Thakare, Additional Government Pleader for respondent nos. 1 to 5 in WP Nos. 4347/2022, 4353/2022, 4340/2022, 4358/2022 and 4341/2022 Miss. Nivedita P. Mehta, Assistant Government Pleader for respondent nos. 1 to 5 in WP Nos. 4351/2022, 4342/2022, 4344/2022 and 4352/2022 Ms. Kalyani R. Deshpande, Assistant Government Pleader for respondent nos. 1 to 5 in WP Nos. 4348/2022, 4349/2022, 4359/2022 and 4355/2022 Shri Neeraj R. Patil, Assistant Government Pleader for respondent nos. 1 to 5 in WP Nos. 4346/2022, 4350/2022, 4339/2022 and 4357/2022 CORAM : A. S.

CHANDURKAR AND URMILA JOSHI-PHALKE, J.J. DATED : 29/07/2022 Each petitioner claims to have been appointed on an unaided post as full time Jr. College 'Teacher' prior to 01/11/2005. Subsequently each petitioner is appointed as full time 'Teacher' on an aided post. The petitioners claim a declaration as regards applicability of the old pension scheme to receive such benefits.

2.

Learned Counsel for the petitioners relies upon the judgment delivered by this Court at Principal Seat dated 01/10/2021 in the Writ Petition No. 4748 of 2019 (Nilesh s/o Namdev Gurav and ors. Vs. The State of Maharashtra and ors.) with connected matters and the judgment and order dated 11/04/2022 in Writ Petition No. 8990 of 2021 (Smt. Manasi Sudhir Mane Vs. The State of Maharashtra and ors.) with connected writ petitions. 3.

In light of the above and for the reasons recorded in the aforesaid judgments, we are inclined to pass a similar order as follows:- (i) The case of each petitioner is relegated to the Respondent No. 3 - Deputy Director of Education for taking appropriate decision depending upon the outcome of verification and the facts governing the case of each petitioner.

(ii) Respondent No.3 - Deputy Director of Education is directed to decide the case of each 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 referred to above. (iii) If it is so found by the Deputy Director of Education that the petitioner(s) is/are governed by old pension scheme, he shall issue necessary directions to not deduct any amount from the salary payable to such 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 these amounts to the petitioner(s) from the salary if the same is deducted, within four weeks of the date on which such determination is made.

(iv) In case it is found that the petitioner(s) is/are governed by the old pension scheme necessary directions shall be issued by the Deputy Director of Education to open GPF account in the name of the respective petitioners within four weeks of the date on which his/her eligibility is determined.

(v) The petitioners to appear before the Respondent No.3 - Deputy Director of Education on 22/08/2022. 4.

The writ petitions stand disposed of accordingly. No costs. JUDGE JUDGE Digitally signed by SANDIP MAHADEV GATE Date:

2022.07.30 15:36:51 +0530 SANDIP MAHADEV GATE