Ruksana Ibrahim Fakir v. The State Of Maharashtra Through Secretary, Finance Dept. And ORS
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO.15897 OF 2023 Ruksana Ibrahim Fakir .. Petitioner Vs.
The State of Maharashtra & Ors.
.. Respondents WITH WRIT PETITION NO.15862 OF 2023 Suryakant S/O Pandurang Waghmare .. Petitioner Vs.
The State of Maharashtra & Ors.
.. Respondents WITH WRIT PETITION NO.15896 OF 2023 Mahadev Tukaram Jadhav .. Petitioner Vs.
The State of Maharashtra & Ors.
.. Respondents WITH WRIT PETITION NO.15895 OF 2023 Ramesh Sampatrao Mali .. Petitioner Vs.
The State of Maharashtra & Ors.
.. Respondents ...
Mr. A.G. Ambetkar for the Petitioners.
Mr. K.S. Thorat, AGP for the Respondent-State. ...
CORAM : A.S. CHANDURKAR & FIRDOSH P. POONIWALLA, JJ DATE : 20TH DECEMBER, 2023.
P.C. :
1.
Not on board. Upon mentioning taken on production board. 1/4
2.
Each Petitioner claims to have been appointed on an unaided post as full time Assistant Teacher/ Junior 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.
3.
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 and the decision in Prakash Arjun Rajeshirke and Anr. Vs. State of Maharashtra and Anr. [2021 DGLS (Bomb.)1742].
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 each Petitioner is relegated to the 2/4
Dy. Director of Education / Education Officer (Secondary) for taking appropriate decision depending upon the outcome of verification and the facts governing the case of each Petitioner.
(ii) Dy. Director of Education / Education Officer (Secondary) 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 Dy. Director of Education / Education Officer (Secondary) 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. 3/4
(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 Dy. Director of Education / Education Officer (Secondary) 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 Dy. Director of Education / Education Officer (Secondary) on 15/01/2024. The Petitioners shall serve a copy of this order on the Dy. Director of Education / Education Officer (Secondary) prior to said date of appearance. 5.
The Writ Petitions stand disposed of accordingly. No costs. [ FIRDOSH P. POONIWALLA, J] [A.S. CHANDURKAR, J. ] 4/4