Pandurang S/O Vithoba Bhondge 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.7236 OF 2018 Vishwas s/o Deochand Borkar and anr ors Shri D.P.Thakre, Assistant Government Pleader for the State. WRIT PETITION NO.4781 OF 2018 Namdeorao Kewalram Kapgate and anr ors Ms T.H.Udeshi, Assistant Government Pleader for the State. WRIT PETITION NO.7012 OF 2018 Rajesh Kisan Gajbhiye and ors ors Mrs.N.P.Mehta, Assistant Government Pleader for the State. WRIT PETITION NO.7013 OF 2018 Dnyaneshwar s/o Tarachand Rahangdale and anr ors WRIT PETITION NO.7014 OF 2018 Meghshyam s/o Arun Gedam ors Shri H.M.Bobade, Counsel for the Petitioner.
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WRIT PETITION NO.7179 OF 2018 Bharat Rambhau Kuhite and anr ors Ms T.H.Udeshi, Assistant Government Pleader for the State. WRIT PETITION NO.7280 OF 2018 Anita Bhojraj Charde and ors ors Ms N.P.Mehta, Assistant Government Pleader for the State. WRIT PETITION NO.7282 OF 2018 Nanaji Deodas Selokar and ors ors Shri H.M. Bobade, Counsel for the Petitioners. Mrs. K.R.Deshpande, Assistant Government Pleader for the State. WRIT PETITION NO.8130 OF 2018 Ku. Jayashree d/o Sahdeorao Nagalwade ors Shri H.M.Bobade, Counsel for the Petitioner.
Mrs.K.R.Deshpande, Assistant Government Pleader for the State. WRIT PETITION NO.8134 OF 2018 Ramesh s/o Kisanlal Gautam and anr ors Shri H.M.Bobade , Counsel for the Petitioners. .....3/-
Shri D.P.Thakre, Assistant Government Pleader for the State. WRIT PETITION NO.8182 OF 2018 Dilip s/o Shankarrao Kokate and anr ors Mrs.S.S.Dasputre, Counsel for the Petitioners. Shri D.P.Thakre, Assistant Government Pleader for the State. WRIT PETITION NO.130 OF 2019 Dinesh Laxmanrao Tayde and ors ors Shri P.S.Patil, Counsel for the Petitioners.
Mrs.K.R.Deshpande, Assistant Government Pleader for the State. WRIT PETITION NO.259 OF 2019 Avinash Chindhuji Dakhale and others Shri M.A.Sable, Counsel for the Respondent No.3 WRIT PETITION NO.262 OF 2019 Shaikh Anis Shaikh Razzaque and another WRIT PETITION NO.261 OF 2019 Raju Khandu Dongare and another .....4/-
Shri N.R. Rode, Assistant Government Pleader for the State. WRIT PETITION NO.271 OF 2019 Pramod Bhaurao Petkar and another WRIT PETITION NO.272 OF 2019 Ku.Sanjivani d/o. Ganpatrao Tadas Shri H.M.Bobade, Counsel for the Petitioner.
WRIT PETITION NO.550 OF 2019 Mukesh Narayanrao Gavankar and others Shri P.S.Patil, Counsel for the Petitioners.
WRIT PETITION NO.133 OF 2013 Shaikh Mukhtar s/o. Abdul Salaam and others Shri A.Shelat, Counsel for the Petitioners.
WRIT PETITION NO.7547 OF 2018 Mrs. Anjusha Gangadharrao and others .....5/-
Shri N.D.Khamborkar, Counsel for the Petitioners. WRIT PETITION NO.263 OF 2019 Mahendra Udhav Khobragade Shri H.M.Bobade, Counsel for the Petitioner.
Shri N.R. Rode, Assistant Government Pleader for the State. WRIT PETITION NO.7989 OF 2018 Madhav Gulabrao Mankar and others Shri P.S.Patil, Counsel for the Petitioners.
Shri M.A.Sable, Counsel for the Respondent No.5. Shri N.R. Rode, Assistant Government Pleader for the State. WRIT PETITION NO.270 OF 2019 Pandurang s/o Vithoba Bhondge and others Shri N.R. Rode, Assistant Government Pleader for the State. WRIT PETITION NO.268 OF 2019 Shobha Kuwarlal Sabale Shri H.M.Bobade, Counsel for the Petitioner.
WRIT PETITION NO.269 OF 2019 Shyam Babanrao Sahadeokar and others .....6/-
WRIT PETITION NO.260 OF 2019 Dipankar Ravindranath Humane and others WRIT PETITION NO.266 OF 2019 Anil Dashrathji Tarte WRIT PETITION NO.264 OF 2019 Chaya Ramraoji Girolkar and others Shri N.R. Rode, Assistant Government Pleader for the State. WRIT PETITION NO.267 OF 2019 Mohammad Zarifur Raheman s/o Mobinur Raheman and others WRIT PETITION NO.265 OF 2019 Shivcharan s/o Keshao Fande and others .....7/-
WRIT PETITION NO.273 OF 2019 Subhash Manikrao Bhusari and others Shri H.M. Bobade, Counsel for the Petitioners. Shri N.R. Rode, Assistant Government Pleader for the State. WRIT PETITION NO.976 OF 2019 Sachin Prakash Paralkar State of Mah., thr.its Secretary, Department of School Education and Sport, Mantralaya, Mumbai and ors.
Shri P.S.Patil, Counsel for the Petitioner.
Mrs.N.P.Mehta, Assistant Government Pleader for the State. WRIT PETITION NO.1370 OF 2019 Vijay s/o Shankar Bawanthade and others Ms.T.H.Udeshi, Assistant Government Pleader for the State. WRIT PETITION NO.1500 OF 2019 Manda Vasudeo Dongre and others Shri D.P.Thakare, Addl. Government Pleader for the State. WRIT PETITION NO.2253 OF 2019 Shri Bandu Rambali Jaiswal and others .....8/-
Shri N.D.Khamborkar, Counsel for the Petitioners. Mrs.K.R.Deshpande, Assistant Government Pleader for the State. WRIT PETITION NO.2903 OF 2019 Abdul Kausar Abdul Rahman and others State of Mah., thr.its Principal Secretary, Department of Finance, Mantralaya, Mumbai and ors.
Shri A.I. Shaikh, Counsel for the Petitioners. Shri N.R. Rode, Assistant Government Pleader for the State. WRIT PETITION NO.3393 OF 2019 Vishnu s/o Ajabrao Wankhede and others Ms N.P.Mehta, Assistant Government Pleader for the State. WRIT PETITION NO.3406 OF 2019 Geeta Dattu Puri Shri H.M.Bobade, Counsel for the Petitioner.
Ms N.P.Mehta, Assistant Government Pleader for the State. WRIT PETITION NO.3422 OF 2019 Savita Sopan Pakhidde and another Shri H.M.Bobade, Counsel for the PetitionerS. Ms N.P.Mehta, Assistant Government Pleader for the State. WRIT PETITION NO.3425 OF 2019 Umesh s/o Pandurangji Sinjangude and others .....9/-
Shri H.M.Bobade, Counsel for the PetitionerS. Ms N.P.Mehta, Assistant Government Pleader for the State. WRIT PETITION NO.3423 OF 2019 Rajani Padmakar Samarth and others ors Shri H.M.Bobade, Counsel for the PetitionerS. Ms N.P.Mehta, Assistant Government Pleader for the State. WRIT PETITION NO.3465 OF 2019 Abhijeet Vijay Borikar and others 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 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 .....10/-
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.) !! BrWankhede !!
by BHUSHAN RANA WANKHEDE Date: 2022.06.27 15:12:17 +0530 BHUSHAN RANA WANKHEDE ...../-