SMT. VIDYA RAMESH PATILversusTHE STATE OF MAHARASHTRA THR THE SCHOOL EDUCATION DEPT. AND ORS

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                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         CIRCUIT BENCH AT KOLHAPUR
                                         CIVIL APPELLATE JURISDICTION

                                         WRIT PETITION NO. 4869 OF 2024
VAIBHAV
RAMESH
JADHAV
Digitally signed by
VAIBHAV RAMESH
JADHAV
Date: 2026.07.22
                      Vidya Ramesh Patil                               … Petitioner
18:17:24 +0530


                                   V/s.
                      The State of Maharashtra & Ors.                  … Respondents



                      Mr. Y. B. Lengare (through V.C) with Mr. Rutik A. Kashid for
                      the Petitioner.
                      Ms. Tejas J. Kapre, AGP for the State.



                                           CORAM : MILIND N. JADHAV &
                                                   NANDESH S. DESHPANDE, JJ.

                                           DATED     : JULY 22, 2026
                      P.C.:

                      1.      Not on board. Upon mentioning, taken on board.


                      2.      Heard Mr. Lengare, learned Advocate appearing for the Petitioner

                      and Ms. Kapre, learned AGP for the State.


                      3.      The impugned order dated 22nd June 2023, passed by

                      Respondent No.2 - Deputy Director of Education, Kolhapur Region,

                      Kolhapur, which is appended at Page No.160, Exhibit – ‘M’, in its

                      operative part is, on the face of record, contradictory. Operative Clause

                      No.1 of the said impugned order prima facie confirms the employment

                      of the Petitioner prior to 1st November 2005 on a part-time basis;




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however, therein reliance is placed upon the Government Resolution

dated 31st October 2005 and the Education Department’s Government

Resolution dated 29th November 2010, and the proposal of the

Petitioner for considering her appointment for all benefits on a full-time

basis is rejected.


4.     The issue is no longer res integra in view of a series of decisions

of this Court which are placed before us by the learned Advocate for the

Petitioner, Mr. Lengare. One of the recent decisions is delivered by this

Court in the case of Vanita Rajendra Bhadule v. State of Maharashtra ,

dated 25th June 2026, passed in Writ Petition (St.) No.18703 of 2024,

having considered the issue with regard to grant of benefits to a part-

time employee who has been appointed after following due process of

law on a grant-in-aid basis prior to 1st November 2005. The reliance

placed on the Government Resolution dated 31st October 2005 is also

considered and the same has been negated by this Court.


5.     In that view of the matter, the impugned order dated 22 nd June

2023 passed by Respondent No.2 - Deputy Director of Education,

Kolhapur Region, Kolhapur is quashed and set aside.


6.     The Petition stands allowed in terms of prayer clauses (b), (c),

(d), (e), and (f), which read thus:




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      “[b] That this Hon’ble Court by an appropriate Writ, order or direction be
      pleased to quash and set aside the impugned order dated 22.06.2023 passed
      by the Respondent No. 2 and further be pleased to direct the Respondent No.
      2 to forward the pension proposal of the Petitioner to the Respondent No. 3
      and the Respondent No. 3 be directed to approve the pension proposal of the
      petitioner and release the pension and pensionary benefits.


      [c]     That this Hon'ble Court by an appropriate Writ, Order or direction, be
      pleased to direct the Respondent No.1 to 5 to consider 50% services (7 Years
      6 Months and 15 Days services) of Part Time Lecturer during the period from
      15.06.1992 to 14.07.2007 with Full Time Lecturer from 15.07.2007 for the
      purpose of service benefits including pay fixation, increment, old pension and
      Senior Pay Scale, promotion and release the arrears of salary and ancillary
      benefits with 12% interest thereon.

      [d]    That this Hon'ble Court by way of appropriate Writ, Order or Direction
      be pleased to hold and declare that the Petitioner is entitled for the
      pensionary benefits under the Maharashtra Civil Services (Pension) Rules,
      1982, and Maharashtra Civil Services (Commutation of Pension) Rules, 1984
      and existing General Provident Fund Scheme (GPF) and necessary direction
      be given to all the Respondents to extend the benefits of the Maharashtra
      Civil Services (Pension) Rules, 1982, and Maharashtra Civil Services
      (Commutation of Pension) Rules, 1984 and existing General Provident Fund
      Scheme (GPF) to the Petitioner with all benefits payable thereunder.


      [e]     That this Hon'ble Court by way of appropriate writ, order or direction,
      direct the Respondent No.4 and 5 to send the revised proposal of the
      Petitioner to the Respondent No.2 and 3 by considering 50% services (7 Years
      6 Months and 15 days) with Full Time Services from 15.07.2007 for
      extending the benefit of the "Senior Pay Scale" (12 Years benefit) as per the
      GR dated 02.09.1989 and 12.06.2009 and further be pleased to direct the
      Respondent No.2 to consider the said proposal and release the benefit of
      "Senior Pay Scale" including the difference of arrears of salary.


      [f]    That this Hon'ble Court by way of appropriate writ, order or direction
      be pleased to direct the Respondent No.2 to 5 to release and pay the amount
      deducted for DCPS Scheme Rs.15,20,462/- and NPS Scheme Rs.3,92,613.81
      with accrued interest thereon forthwith.”



7.    We direct that the aforesaid exercise of compliance with the

directions contained in this order, as per the prayer clauses allowed, will

be complied with by the concerned competent authority and the

Education Officer/Deputy Director of Education within six weeks from




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today, positively, failing which liberty is given to the Petitioner to

approach this Court and inform about any delay, if any.


8.    The Petition is allowed and disposed of in the above terms.




(NANDESH S. DESHPANDE, J.)                   (MILIND N. JADHAV, J.)




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