RAMESHWAR v. The State of Maharashtra & Ors.

Shrikant s/o Pandurang Patil Vs. The State of Maharashtra & Ors. .. Petitioner .. Respondents WITH WRIT PETITION NO.12918 OF 2023 Riyaz s/o Yakub Mulani & Anr. Vs. The State of Maharashtra & Ors. .. Petitioners .. Respondents WITH WRIT PETITION NO.15796 OF 2023 Shivaji s/o Bhujang Bandgar Vs. The State of Maharashtra & Ors. .. Petitioner .. Respondents WITH WRIT PETITION NO.15801 OF 2023 This order is corrected pursuant to order dated 04/01/2024 33-WP-12872-23 WITH connected Writ Petitions.doc Rameshwar Dilwale Sujata Dhanaji Shewade Vs. The State of Maharashtra & Ors. .. Petitioner .. Respondents WITH WRIT PETITION NO.15802 OF 2023 Uttam s/o Ananda Hawaldar Vs. The State of Maharashtra & Ors. .. Petitioner .. Respondents WITH WRIT PETITION NO.15803 OF 2023 Suresh s/o Gangaram Sathe Vs. The State of Maharashtra & Ors. .. Petitioner .. Respondents WITH WRIT PETITION NO.12938 OF 2023 Rajendra Namdeo Sonawane Vs. The State of Maharashtra & Ors. .. Petitioner .. Respondents WITH WRIT PETITION NO.12932 OF 2023 Kamal Dhondu Tanpure Vs. The State of Maharashtra & Ors. .. Petitioner .. Respondents WITH WRIT PETITION NO.12922 OF 2023 Sanjay s/o Hari Sutar Vs. The State of Maharashtra & Ors. .. Petitioner .. Respondents WITH WRIT PETITION NO.12894 OF 2023 This order is corrected pursuant to order dated 04/01/2024 33-WP-12872-23 WITH connected Writ Petitions.doc Rameshwar Dilwale Ratnaghosh s/o Hagruji Ramteke Vs. The State of Maharashtra & Ors. .. Petitioner .. Respondents WITH WRIT PETITION NO.12890 OF 2023 Shitalprasad s/o Dayaram Badgujar Vs. The State of Maharashtra & Ors. .. Petitioner .. Respondents WITH WRIT PETITION NO.12897 OF 2023 Kaleemoddin Razakmiyan Naikwade (Shaikh) Vs. The State of Maharashtra & Ors. .. Petitioner .. Respondents ... K.S. Thorat, AGP for the Respondent-State in Ashwini A. Purav, AGP for the Respondent-State in Mr. Arvind G. Ambetkar for the Petitioner in All Writ Petitions. Mr. V. M. Mali, AGP for the Respondent-State in WP/12872/15800/12920/12915/12940 of 2023. Ms. WP/12916/12901/12898/12907/12903 of 2023. Mr. WP/12936/12927/12924/12874/12935 of 2023. Mr. WP/12938/15798/15794/15795/15799 of 2023. Mr. WP/15793/15797/15918/15796 of 2023. Mr. R.P. Kadam, AGP for the Respondent-State in WP/15801/15802/15803/12938 of 2023. Mr. N.C. Walimbe, Addl. GP for Respondent-State in WP/12932/12922/12894/12890/12897 of 2023. AGP for the Respondent-State in AGP for the Respondent-State Babar, Kalel, S.B. S.L. ... CORAM : A.S. CHANDURKAR & FIRDOSH P. POONIWALLA, JJ DATE : 20TH DECEMBER, 2023. This order is corrected pursuant to order dated 04/01/2024 33-WP-12872-23 WITH connected Writ Petitions.doc Rameshwar Dilwale P.C. :

1. Each Petitioner claims to have been appointed on an unaided post as full time Assistant 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.

2. 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].

3. 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 Dy. Director of Education / Education OfÏcer (Secondary) This order is corrected pursuant to order dated 04/01/2024 33-WP-12872-23 WITH connected Writ Petitions.doc Rameshwar Dilwale 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 OfÏcer (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 OfÏcer (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. (iv) In case it is found that the Petitioner(s) is/are This order is corrected pursuant to order dated 04/01/2024 33-WP-12872-23 WITH connected Writ Petitions.doc Rameshwar Dilwale governed by the old pension scheme necessary directions shall be issued by the Dy. Director of Education / Education OfÏcer (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 OfÏcer (Secondary) on 15/01/2024. The Education OfÏcer (Secondary) prior to said date of appearance.

4. The Writ Petitions stand disposed of accordingly. No costs. [ FIRDOSH P. POONIWALLA, J] [A.S. CHANDURKAR, J. ] This order is corrected pursuant to order dated 04/01/2024 33-WP-12872-23 WITH connected Writ Petitions.doc Rameshwar Dilwale