Sou. Sandhaya Ravindra Saygaonkar v. The State Of Maharashtra Through Chief Secretary, Gen. Administration Dept. And ORS

58.WPNo.20582022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2058 OF 2022 Sandhaya Ravindra Saygaonkar ...

Petitioner

Versus

The State of Maharashtra & Ors.

...

Respondents Mr. Avinash R. Belge, Advocate for the Petitioner. Mrs. S. S. Bhende, AGP for the Respondent Nos.1,2 and 8/State.

CORAM:

S.V. GANGAPURWALA & S. M. MODAK, JJ.

DATED :

JUNE 20, 2022 P.C.

1.

The learned Counsel for the petitioner submits that the petitioner is appointed on un-aided post in the year 1993. The post on which the petitioner was appointed started receiving 100% grant-in-aid from 1st April 2005. The learned Counsel for the petitioner submits that the petitioner as such is governed by the old pension scheme. The respondents are deducting the amount from the petitioner's salary showing that DCPS scheme would apply. 2.

The learned AGP submits that representation fled by the petitioner (page 63) is pending consideration with the Education Offcer.

3.

Naturally, if the post on which the petitioner is appointed is getting 100% grant-in-aid on 1st April 2005, then the petitioner would have a strong case for being Gaikwad RD 1/2

58.WPNo.20582022.doc governed by the old pension scheme. As the representation is pending with Education Offcer, the Education Offcer shall consider the representation of the petitioner (page 63) for old pension scheme on its own merits expeditiously preferably within four months.

4.

The writ petition is disposed of. No costs.

(S. M. MODAK, J.) (S.V. GANGAPURWALA, J.) Digitally signed by RAJU DATTATRAYA GAIKWAD Date:

2022.06.22 17:02:43 +0530 RAJU DATTATRAYA GAIKWAD Gaikwad RD 2/2