SHRI. PAWAR RAJUDAS DHANU AND ORS.versusTHE STATE OF MAHARASHTRA THROUGH THE SECRETARY, EDUCATION DEPT. AND ORS.

                                                             906 WP-3380-2014 (C).doc




             IN THE JUDICATURE OF HIGH COURT AT BOMBAY
                      CIRCUIT BENCH AT KOLHAPUR
                     CIVIL APPELLATE JURISDICTION
                    WRIT PETITION NO. 3380 OF 2014

Shri. Pawar Rajudas Dhanu & Ors.                  …… Petitioners
      VERSUS
State of Maharashtra & Ors.                       …… Respondents
                                         ...
None for the Petitioners.
Mr. Atul P. Vanarase, AGP for Respondent-State.
                                   ...
                                CORAM : RAJESH S. PATIL AND
                                         ABHAY J. MANTRI, JJ.
                                DATE : 19 AUGUST 2026.
P. C. :

1.        By the present Petition filed under Article 226 of the Constitution

of India the Petitioners who are Non-Teaching Employees working on

various posts, including thereof Clerks and Sepoys seeking relief. It is

the case of the Petitioners that they were initially appointed on

temporary basis prior to the year 2004 and they were thereafter given a

status as Non-Teaching Employees w.e.f. 1 June 2004. Insofar as

Petitioner No. 28 is concerned, he was given status of Non-Teaching

Employee from 1 March 2005. It is further the case of the Petitioners

that they were given regular Pay-scale of the said post of Non-Teaching

Employee w.e.f. 1 June 2007, whereas in case of the Petitioner No. 28

regular Pay-scale was given w.e.f. 1 March 2008.


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2.        By the present Petition, the Petitioners are seeking the following

reliefs:

           “(a) this Honourable Court may be pleased to hold and declare
           that the Communication dated 25th June, 2013 issued by the
           Respondent No. 4 as illegal and bad in law;

           (b) this Honourable Court may be pleased to declare the action
           on the part of the Respondent Nos. 1 and 2 in excluding the
           Non-Teaching Employees from the applicability of the
           Government Resolution dated 19th July, 2011 as illegal and bad
           in law;

           (c) this Honourable Court may be pleased to direct the
           Respondent Nos. 1 and 2 to apply provisions of the Government
           Resolution dated 19th July, 2011 to the Petitioners and
           accordingly process the pension case of the Petitioners in
           accordance with the procedure laid down in the Government
           Resolution dated 19th July, 2011;

           (d) this Honourable Court may be pleased to direct the
           Respondent Nos. 1 and 2, by appropriate writ and /or order
           and / or direction, to grant Petitioners the benefits of the old
           pension scheme as provided under The Maharashtra Civil
           Services (Pension) Rules, 1982 and The Maharashtra Civil
           Services (Encashment of Pension) Rules, 1984 and the General
           Provident Fund Scheme and accordingly process the Pension
           papers of the Petitioners by giving them the benefits of the
           Government Resolution dated 19th July, 2011;”

3.           The Division Bench of this Court, by its order dated 13 July,

2026, in the case of Anjali Shridhar Kulkarni vs. Prakash Mishra, in

Contempt Petition No. 363 of 2021 while considering similar issue Writ

Petitions filed by employees, has disposed of the said Petitions.




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4.        The issue involved in the present Petition is squarely covered by

the decision of the Division Bench of this Court in Nilesh S/o Namdev

Gurav Vs. The State of Maharashtra and Others, in Writ Petition No.

4748 of 2019, decided by order dated 1 October, 2021.

5.        In view thereof, the present Petition stands allowed.

6.        It is directed that the Petitioner shall be governed by the old

pension scheme, i.e., the Maharashtra Civil Services (Pension) Rules,

1982, the Maharashtra Civil Services (Commutation of Pension) Rules,

1984, and the General Provident Fund Rules shall be applicable to the

Petitioner.

7.        We also direct that the Respondents, namely the Government and

its functionaries, shall extend all benefits of the old pension scheme to

the Petitioners and shall not deduct any amount from the salary of the

Petitioners by applying the New Pension Scheme to the Petitioner's case.

8.         We further direct that, in the event any amount has been

deducted by applying the New Pension Scheme, the same shall be

refunded to the Petitioner within a period of four weeks from today.

9.        We also direct the Respondents to allot a General Provident Fund

(GPF) Account number to the Petitioner and thereafter, permit the



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 educational institution to deduct the monthly GPF contribution from the

 Petitioners salary and deposit the same in the said GPF account. This

 exercise shall be completed within a period of six weeks from today.

 10.       The Petition stands disposed of in the above terms.




           (ABHAY J. MANTRI, J.)                   (RAJESH S. PATIL, J.)




            Digitally
            signed by
            TALLE
TALLE       SHUBHAM
SHUBHAM     ASHOKRAO
ASHOKRAO    Date:
            2026.08.20
            10:35:39
            +0530




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