Vilas Bhimsing Deorale And Others v. The State Of Maharashtra, Thr. Secretary, Finance Department, State Of Maharashtra, Mumbai And ORS

1 41-WP-2943-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO. 2943 OF 2023 (Vilas Bhimsing Deorale & Ors. Vs. The State of Maharashtra & Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Ms Smita Dashputre, Advocate for the petitioners. Ms N.P. Mehta, Assistant Government Pleader for respondent Nos. 1 to 5/ State. CORAM : A. S. CHANDURKAR AND M.W. CHANDWANI , JJ.

D ATE : MAY 3 , 202 Not on board. On mentioning, taken on board.

2] The petitioners claim to have been appointed on their respective teaching post prior to 01/11/2005. The petitioners claim a declaration as regards applicability of the old pension scheme to receive admissible benefits on the ground that the respective Institution was receiving 100% grant-in-aid. 3] The learned Counsel for the petitioners rely upon the judgment delivered by this Court at Principal Seat dated 01/10/2021 in Writ Petition No. 4748/ 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. 8990/2021 (Smt. Manasi Sudhir Mane Vs. The State of Maharashtra and ors.) with connected Writ Petitions.

4] 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 the petitioners is relegated to the Deputy Director of Education/ Education Officer (Secondary) as the case may be for taking appropriate decision depending upon the outcome of verification and the facts governing the case of each petitioner.

(ii) The Deputy Director of Education/ Education Officer (Secondary) is directed to decide the case of the petitioners regarding applicability of the old pension scheme as per the Maharashtra Civil Services (Pension) Rules, 1982, the Maharashtra Civil Services (Computation of Pensions) Rules, 1984 and the

2 41-WP-2943-2023.odt General Provident Fund Scheme by keeping in view the 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/ Education Officer (Secondary) that the petitioners are governed by the old pension scheme, he shall issue necessary directions to not deduct any amount from the salary payable to them governed by the old pension scheme for the purpose of its applying to DCPS or NPS and shall also issue necessary directions for refunding of these amounts to the petitioners 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 petitioners are governed by the old pension scheme, necessary directions shall be issued by the Deputy Director of Education/ Education Officer (Secondary) to open GPF account in the name of the petitioners within four weeks from the date on which their eligibility is determined.

(v) The petitioners to appear before the Deputy Director of Education/ concerned Education Officer (Secondary) on 10/5/2023 to enable consideration of the aforesaid.

5] The Writ Petition is disposed of accordingly. No costs. (M.W. CHANDWANI, J.) (A. S. CHANDURKAR, J.) SUMIT AGRAWAL