Nandkishor Gopalnand Kamble And Others v. State Of Maharashtra, Through Its Secretary, Department Of Finance, Mumbai And Others
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR WRIT PETITION NO.7249 OF 2018 Asaram Ramdas Humane and others Shri D.P. Thakare, Addl. Government Pleader for the State. WRIT PETITION NO.7237 OF 2018 Arun Natthuji Asole and another Shri D.P. Thakare, Addl. Government Pleader for the State. WRIT PETITION NO.7015 OF 2018 Vilas Mahadeo Kumbhalkar Shri H.M. Bobde, Counsel for the Petitioner.
Shri N.R. Rode, Assistant Government Pleader for the State. WRIT PETITION NO.7180 OF 2018 Sharad s/o. Narayan Titirmare and others Ms. T.H. Udeshi, Assistant Government Pleader for the State. WRIT PETITION NO.7183 OF 2018 Balkrushna Rajaramji Pillare and others .....2/-
Ms. T.H. Udeshi, Assistant Government Pleader for the State. WRIT PETITION NO.7181 OF 2018 Nitin Deonath Meshram and others Ms. T.H. Udeshi, Assistant Government Pleader for the State. WRIT PETITION NO.7182 OF 2018 Rajesh Namdeorao Bahurupi and another Ms. T.H. Udeshi, Assistant Government Pleader for the State. WRIT PETITION NO.7248 OF 2018 Vinayak s/o. Fagoji Titarmare and another Ms N.P. Mehta, Assistant Government Pleader for the State. WRIT PETITION NO.7276 OF 2018 Pushpa Kamlakar Pal and others Ms N.P. Mehta, Assistant Government Pleader for the State. WRIT PETITION NO.7281 OF 2018 Dnyanesh s/o. Kuwardas Meshram .....3/-
Ms N.P. Mehta, Assistant Government Pleader for the State. WRIT PETITION NO.7279 OF 2018 Randhava s/o. Tukdu Walkar Ms N.P. Mehta, Assistant Government Pleader for the State. WRIT PETITION NO.7277 OF 2018 Pralhad s/o. Ramaji Ikharkar Ms N.P. Mehta, Assistant Government Pleader for the State. WRIT PETITION NO.7278 OF 2018 Ratnakar Ramkrushnaji Rokade and others Ms N.P. Mehta, Assistant Government Pleader for the State. WRIT PETITION NO.7247 OF 2018 Sandhya Ramrao Nagpure and another State of Mah., thr.its Secretary, Department of School Education and Sport, Mantralaya, Mumbai and ors.
Ms N.P. Mehta, Assistant Government Pleader for the State. OF 2018 Suman Bhaduji Khedkar State of Mah., thr.its Secretary, Department of School Education and Sport, Mantralaya, Mumbai and ors.
.....4/-
Ms N.P. Mehta, Assistant Government Pleader for the State. OF 2018 Subhash s/o. Chunnilal Uike Shri H.M. Bobde, Counsel for the Petitioner.
OF 2018 Sitaram s/o. Dewaji Sharnagat OF 2018 Madhvi Ravindranath Humne Shri H.M. Bobde, Counsel for the Petitioner.
OF 2018 Sindhu Dewaji Dongarwar and others OF 2018 Babu s/o. Keshav Koche .....5/-
OF 2018 Kalpana Nandulalji Uike OF 2018 Devidas s/o. Narayan Bhoyar OF 2018 Bhejanlal s/o. Shripat Patle OF Vijay s/o. Sahebrao Kalmegh and another OF Prashant Dnyaneshwar Chimne .....6/-
OF Ashok Vasantrao Diwane OF 2018 Mahesh s/o. Chinduji Pardhi and another OF Jaswant Balaram Kadhao OF 2018 Nandkishor Gopalnand Kamble and others OF Pankaj Mahadeorao Manekar and others .....7/-
OF Aruna Ramesh Bante OF Nita Raghoji Kamble OF Vijay s/o. Parasramji Waghaye and others Shri H.M. Bobde, Counsel for the Petitioners. OF Dudharam Ramchandra Kukade and another Shri H.M. Bobde, Counsel for the Petitioners. OF Dipak s/o. Baliramji Uikey and others .....8/-
OF Deoram s/o. Dayaram Fate and others OF Prabhakar s/o. Ramchandra Pohekar and others OF 2018 Sanjay Devidas Badole and others OF 2018 Geeta Manohar Mate and others OF 2018 Digambar Dayaram Nimbekar and another .....9/-
OF 2018 Ravindra Nagoraoji Wath and others OF 2018 Sunita Anil Borkar and others OF 2018 Dinesh s/o. Shyambhau Bahekar and others OF 2018 Seema Abhijit Pittule and others OF 2018 Mordhwaj s/o. Pandurang Adhau and others .....10/-
OF 2018 Sunil Shyamrao Mane and others OF 2018 Bhujang Mahadeo Mute and another OF 2018 Pratibha Rambhau Mandlik and others WRIT PETITION NO.8129 OF 2018 Anita Anand Landge and another WRIT PETITION NO.8126 OF 2018 Vinod Yashwant Lackhode and others .....11/-
WRIT PETITION NO.8127 OF 2018 Anil Jagnath Ande and others WRIT PETITION NO.8087 OF 2018 Niranjan s/o. Raghoba Kumbhare WRIT PETITION NO.8086 OF 2018 Panchafula Premlal Choudhari WRIT PETITION NO.8100 OF 2018 Chandrashekhar Shyamrao Choudhari and another WRIT PETITION NO.8083 OF 2018 Shubhangi Shankarrao Gore and others .....12/-
WRIT PETITION NO.8085 OF 2018 Chhaya Rambhau Sawarkar and another WRIT PETITION NO.8094 OF 2018 Shailendra Nukchand Patle and others WRIT PETITION NO.8131 OF 2018 Lata Namdeo Meghare and another State of Mah., thr.its Secretary, Department of School Education and Sport, Mantralaya, Mumbai and ors.
WRIT PETITION NO.8132 OF 2018 Ramesh Mahadeorao Kale and others WRIT PETITION NO.8546 OF 2018 Sushama Dadarao Kharapkar .....13/-
WRIT PETITION NO.8548 OF 2018 Usha Manikrao Kadve WRIT PETITION NO.8540 OF 2018 Laxman Pandurang Bhogare State of Mah., thr.its Principal Secretary, Department of Finance, Mantralaya, Mumbai and ors.
WRIT PETITION NO.8541 OF 2018 Lata Deodas Bhure WRIT PETITION NO.8549 OF 2018 Harishchandra Lobhaji Zhade and others WRIT PETITION NO.8545 OF 2018 Shrikrushna Pralhad Paydalwar and another .....14/-
WRIT PETITION NO.8550 OF 2018 Ramesh Baburao Zuri and another WRIT PETITION NO.8539 OF 2018 Sanjay Ramesh Rathod WRIT PETITION NO.8542 OF 2018 Sanjay Madhukarrao Kulkarni and another WRIT PETITION NO.8547 OF 2018 Lochan Domaji Munghate WRIT PETITION NO.8543 OF 2018 Maheshkumar s/o. Balasaheb Daud and another .....15/-
WRIT PETITION NO.8544 OF 2018 Manohar s/o. Kisanrao Suradkar and others OF Toplal s/o. Mulchand Lilhare and others Ms T.H. Udeshi, Assistant Government Pleader for the State. OF Mrudul Shirish Bhute and others Ms T.H. Udeshi, Assistant Government Pleader for the State. OF Diwakar Digambarrao Wankhede and others Ms T.H. Udeshi, Assistant Government Pleader for the State. OF Arvind Bhagwan Sukhadeve & others .....16/-
Ms T.H. Udeshi, Assistant Government Pleader for the State. OF Deepak Kumar s/o. Bansidhar Agrawal Shri H.M. Bobde, Counsel for the Petitioner.
Ms T.H. Udeshi, Assistant Government Pleader for the State. OF Chhaya Laxmansingh Chavhan and others Shri H.M. Bobde, Counsel for the Petitioners. Ms T.H. Udeshi, Assistant Government Pleader for the State. OF Sunanda Pandhurangji Parsade and others Ms T.H. Udeshi, Assistant Government Pleader for the State. OF Sau. Nilima w/o. Pandurangji Nagpure and others Ms T.H. Udeshi, Assistant Government Pleader for the State. OF Reena d/o. Krishnakumar Dwivedi and others .....17/-
Ms T.H. Udeshi, Assistant Government Pleader for the State. OF Yashodhara Dilip Bhagat and others Ms T.H. Udeshi, Assistant Government Pleader for the State. OF Pravina d/o. Rambhau Doifode and others Ms T.H. Udeshi, Assistant Government Pleader for the State. OF 2018 Premlal s/o. Gangaram Atram Ms T.H. Udeshi, Assistant Government Pleader for the State. OF 2018 Dipak s/o. Kisan Ghuguskar and another Ms T.H. Udeshi, Assistant Government Pleader for the State. OF 2018 Dindayal Kothiram Damahe and others .....18/-
Ms T.H. Udeshi, Assistant Government Pleader for the State. OF 2018 Jyoti Shankar Shitale Ms T.H. Udeshi, Assistant Government Pleader for the State. OF 2018 Rajendra s/o. Shrikrishna Bhad Ms T.H. Udeshi, Assistant Government Pleader for the State. OF 2018 Dhaniram s/o. Urkuda Tembhurne and others Ms T.H. Udeshi, Assistant Government Pleader for the State. OF 2018 Kala Arjun Deshkar Ms T.H. Udeshi, Assistant Government Pleader for the State. OF 2018 Shobha Nilaji Pardhi and others State of Mah., thr.its Secretary, Department of School Education and Sport, Mantralaya, Mumbai and ors.
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Ms T.H. Udeshi, Assistant Government Pleader for the State. OF 2018 Ajay Pralhad Keche and another State of Mah., thr.its Secretary, Department of School Education and Sport, Mantralaya, Mumbai and ors.
Ms T.H. Udeshi, Assistant Government Pleader for the State. OF Ku. Sangita d/o. Dadarao Pimpale Ms T.H. Udeshi, Assistant Government Pleader for the State. OF Kunjibihari Donuji Lanjewar and another Ms T.H. Udeshi, Assistant Government Pleader for the State. ............................................................................................................................................................................ Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ............................................................................................................................................................................ CORAM : A.S.CHANDURKAR & URMILA JOSHI-PHALKE, JJ. DATED : JUNE 23 , 2022 1.
Heard the learned counsel for the petitioners and the learned Assistant Government Pleaders for the State.
2.
In all these writ petitions, the petitioners seek a declaration that in view of the provisions of the Maharashtra Civil Services (Pension) Rules, 1982, their services to be governed by the Old Pension Scheme and they are entitled to service benefits according to the said Scheme. In view .....20/-
of the fact that the aforesaid issue was referred to a Larger Bench, the adjudication of similar writ petitions was deferred. By the judgment dated 30.4.2019, the Full Bench has answered the reference and in paragraph No.37 while answering question No.2, it has been held that as under:
37. Under these circumstances, we answer the Reference as under :- Question No.2 :
The employees who were appointed prior to 1.11.2005 in aided recognized primary, secondary schools as well as colleges of education which were receiving less than 100% grant-in-aid as on 1.11.2005 would be governed by the DCP scheme." 3.
The learned counsel for respective petitioners fairly submit that in all these cases the Management started receiving 100% grant-inaid after 1.11.2005. In view of this position, it is clear that the petitioners would be governed by defined Contributory Pension Scheme which has come into force from 1.11.2005.
4.
While disposing of these writ petitions in aforesaid terms, it is also observed that this adjudication would be subject to the challenge that is pending before the Honourable Supreme Court against the judgment of the Full Bench. No costs.
(URMILA JOSHI-PHALKE, J.) (A.S.CHANDURKAR, J.) by BHUSHAN RANA WANKHEDE Date:
2022.07.02 15:26:21 +0530 !! BrWankhede !!
BHUSHAN RANA WANKHEDE ...../-