Bombay High CourtWP/6440/2023allowed

Smt. Deepa Ramkrushna Ragit @ Deepa Sanjay Bawankar v. The State Of Maha., Thr. Secretary, Finance Dept., State Of Maha., Mumbai And Others

2024-08-23Hon'Ble Shri Justice Avinash G. Gharote,Hon'Ble Smt. Justice M. S. Jawalkar1 pages

(1) 14B wp 6440-2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 6440 OF 2023 (Smt. Deepa Ramkrushna Ragit @ Deepa Sanjay Bawankar Vs. The State of Maharashtra through its Secretary, Finance Department, State of Maharashtra, Mantralaya, Mumbai and others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ---------------- - - - - - Shri Ketan Pote, Advocate h/f Shri A.G. Ambetkar, Advocate for petitioner Shri N.R. Patil, AGP for respondent Nos. 1 to 5 CORAM : AVINASH G. GHARO TE AND SMT M.S. JAWALKAR, JJ.

DATE :

23.08.2024.

It is not in dispute that the ptr was appointed as a part time Junior College Teacher on 16/08/1991 which was before the cut off date of 01/11/2005 for the applicability of the old pension scheme. Though the petitioner has been regularized as a Full Time Junior College Teacher on 01/08/2006, that however, would not disentitle the petitioner for seeking benefits of old pension scheme, as it is not disputed by the learned Assistant Government Pleader that the school was on 100% grant in aid from 1974-75 and the post on which the petitioner was appointed was a sanctioned post and the temporary appointment of the petitioner would be entitled to be considered for counting the service period for the purpose of determining her pension upon her superannuation. The petition is therefore allowed by holding that the petitioner is entitled for the benefit of the old pension scheme.

(SMT M.S. JAWALKAR, J.) (AVINASH G. GHAROTE, J.) Jayashree..