Bombay High Court
PARAG RAMCHANDRA JOSHIversusTHE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The Court held that employees appointed before 1 November 2005 in aided schools are governed by the Maharashtra Civil Services (Pension) Rules, 1982 and related rules and are entitled to the old pension scheme, not the DCPS/NPS.
Summary
A group of writ petitions filed by assistant teachers and junior college teachers appointed before 1 November 2005 sought a declaration that they remain governed by the Maharashtra Civil Services (Pension) Rules, 1982, the 1984 Commutation Rules and the General Provident Fund, and not the Defined Contribution Pension Scheme (DCPS) or National Pension Scheme (NPS). The petitioners argued that the respondents (State of Maharashtra and various education authorities) were unlawfully deducting contributions under the DCPS and denying old‑pension benefits. The State contended that verification of service records was required before any benefit could be granted. The Court held that the issue was no longer res integra, having been settled in Nilesh Namdev Gurav & Ors. v. State of Maharashtra and subsequent judgments, and that the petitioners are entitled to the old pension scheme by operation of law. Consequently, the Court allowed all the writ petitions, directed the respondents to extend old‑pension benefits, refund any amounts deducted under the DCPS, and set up General Provident Fund accounts for the petitioners.
Issues considered
- Whether employees appointed before 1 November 2005 in 100% aided or partially aided schools are covered by the Maharashtra Civil Services (Pension) Rules, 1982 and not the DCPS/NPS.
- Whether the respondents may defer granting pension benefits pending verification of service records.
- Whether the Court can grant relief despite pending Supreme Court SLPs on the same question.
- Whether employees who did not opt for the DCPS are entitled to the old pension scheme by default.
Legislation cited
- General Provident Fund (GPF) provisions
- Maharashtra Civil Services (Commutation of Pension) Rules
- Maharashtra Civil Services (Pension) Rules
Subjects
- pension scheme
- old pension
- Defined Contribution Pension Scheme
- NPS
- Maharashtra Civil Services
- retirement benefits
- writ petition
- education employees
- government service rules
Judgment
2026:BHC-AUG:9986-DB
WP-5849-2024 and others (DCPS group).odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.5849 OF 2024
Bhagwan s/o Vitthalrao Wakde
Age: 57 years, Occu.: Service,
as Jr. Lecturer (Assistant Teacher)
presently working with Renuka
Secondary & Higher Secondary
School, Mantha, Tq. Mantha,
District Jalna. .. Petitioner
Versus
1. The State of Maharashtra
Through its Secretary,
Finance Department,
State of Maharashtra,
Mantralaya, Mumbai-32.
2. The Secretary,
School Education and Sports
Department, Mantralaya,
Mumbai-32.
3. The Deputy Director of Education,
Aurangabad Region, Aurangabad.
4. The Education Officer (Secondary),
Zilla Parishad, Jalna.
5. The Superintendent,
Pay and Provident Fund Unit
Education Department, Jalna,
District Jalna.
6. The Head Master,
Renuka Secondary & Higher Secondary
Secondary School, Mantha,
Tq. Mantha, District Jalna.
7. Jagdamba Shikshan Prasarak
Mandal, Mantha, Tq. Mantha,
Dist. Jalna.
Through its President/Secretary. .. Respondents
…
WITH
WRIT PETITION NO.5852 OF 2024
[1]
WP-5849-2024 and others (DCPS group).odt
Smt. Archana Umaji Kakade
@ Archana Pravin Mhaske
Age: 42 years, Occu.: Service
as Assistant Teacher presently
working with Macchindranath
Vidyalaya, Sawargaon, Tq. Ashti,
District Beed. .. Petitioner
Versus
1. The State of Maharashtra
Through its Secretary,
Finance Department,
State of Maharashtra,
Mantralaya, Mumbai-32.
2. The Secretary,
School Education and Sports
Department, Mantralaya,
Mumbai-32.
3. The Deputy Director of Education,
Aurangabad Region, Aurangabad.
4. The Education Officer (Secondary),
Zilla Parishad, Beed.
5. The Superintendent,
Pay and Provident Fund Unit
Education Department, Beed,
District Beed.
6. Shetkari Shikshan Prasarak
Mandal, Ashti, Tq. Ashti,
District Beed
Through its President/Secretary,
7. Macchindranath Vidyalaya Sawargaon
Tq. Ashti, District Beed.
Through its Principal/Headmaster .. Respondents
…
WITH
WRIT PETITION NO.5859 OF 2024
Shaikh Ayesha Parveen Shaikh Allaoddin
Age: 50 years, Occu.: Retired,
R/o. House No.601, Amin Colony,
BSNL Tower Road, Parbhani,
Tq. And Dit. Parbhani. .. Petitioner
Versus
[2]
WP-5849-2024 and others (DCPS group).odt
1. The State of Maharashtra
Through its Secretary,
Finance Department,
State of Maharashtra,
Mantralaya, Mumbai-32.
2. The Secretary,
School Education and Sports
Department, Mantralaya,
Mumbai-32.
3. The Education Officer (Primary),
Zilla Parishad, Beed, District Beed.
4. The Superintendent,
Pay and Provident Fund Unit
Education Department, Beed,
District Beed.
5. The Headmaster,
Bilal Primary school Hamalwadi,
Station Road, Parli-Vaijnath,
Tq. Parli Vaijnath, District Beed.
6. Dawat Education Society,
Parli-Vaijnath, Tq. Parli-Vaijnath,
District Beed,
Through its President/Secretary. .. Respondents
…
WITH
WRIT PETITION NO.9090 OF 2025
Smt. Minakshi Tryambak Nemade @
Minakshi Vasudeo Hole
Age: 56 years, Occu.: Service
as Assistant Teacher presently
working with N. H. Ranka High
School & Jr. College Bodwad,
Tq. Bodwad, Dist. Jalgaon. .. Petitioner
Versus
1. The State of Maharashtra
Through its Secretary,
Finance Department,
State of Maharashtra,
Mantralaya, Mumbai-32.
2. The Secretary,
School Education and Sports
Department, Mantralaya,
Mumbai-32.
[3]
WP-5849-2024 and others (DCPS group).odt
3. The Deputy Director of Education,
Nashik Region, Nashik.
4. The Education Officer (Secondary),
Zilla Parishad, Jalgaon,
District Jalgaon.
5. The Superintendent,
Pay and Provident Fund Unit
Education Department, Jalgaon,
District Jalgaon.
6. The Bodwad Sarvajanik Co-operative
Education Society Ltd. Bodwad,
Tq. Bodwad, District Jalgaon,
Through its President/Secretary.
7. N. H. Ranka High School &
Jr. College Bodwad,
Tq. Bodwad, Dist. Jalgaon,
Through its Headmaster. .. Respondents
…
WITH
WRIT PETITION NO.9085 OF 2025
Mahendra s/o Bhaurao Pandit
Age: 50 years, Occu.: Service
as Assistant Teacher presently
working with N. H. Ranka High
School & Jr. College Bodwad,
Tq. Bodwad, District Jalgaon. .. Petitioner
Versus
1. The State of Maharashtra
Through its Secretary,
Finance Department,
State of Maharashtra,
Mantralaya, Mumbai-32.
2. The Secretary,
School Education and Sports
Department, Mantralaya,
Mumbai-32.
3. The Deputy Director of Education,
Nashik Region, Nashik.
4. The Education Officer (Secondary),
Zilla Parishad, Jalgaon,
District Jalgaon.
[4]
WP-5849-2024 and others (DCPS group).odt
5. The Superintendent,
Pay and Provident Fund Unit
Education Department, Jalgaon,
District Jalgaon.
6. The Bodwad Sarvajanik Co-operative
Education Society Ltd. Bodwad,
Tq. Bodwad, District Jalgaon
Through its President/Secretary.
7. N. H. Ranka High School &
Jr. College Bodwad,
Tq. Bodwad, District Jalgaon,
Through its Headmaster. .. Respondents
…
WITH
WRIT PETITION NO.9070 OF 2025
Anil s/o Tukaram Dandade
Age: 54 years, Occu.: Service,
as Assistant Teacher presently
working with N. H. Ranka High
School & Jr. College Bodwad,
Tq. Bodwad, District Jalgaon. .. Petitioner
Versus
1. The State of Maharashtra
Through its Secretary,
Finance Department,
State of Maharashtra,
Mantralaya, Mumbai-32.
2. The Secretary,
School Education and Sports
Department, Mantralaya,
Mumbai-32.
3. The Deputy Director of Education,
Nashik Region, Nashik.
4. The Education Officer (Secondary),
Zilla Parishad, Jalgaon,
District Jalgaon.
5. The Superintendent,
Pay and Provident Fund Unit
Education Department, Jalgaon,
District Jalgaon.
6. The Bodwad Sarvajanik Co-operative
Education Soceity Ltd. Bodwad,
[5]
WP-5849-2024 and others (DCPS group).odt
Tq. Bodwad, District Jalgaon,
Through its President/Secretary.
7. N. H. Ranka High School &
Jr. College Bodwad,
Tq. Bodwad, District Jalgaon,
Through its Headmaster .. Respondents
…
WITH
WRIT PETITION NO.9087 OF 2025
Dnyaneshwar s/o Jagnnath Chikte
Age: 51 years, Occu.: Service
as Assistant Teacher presently
working with N. H. Ranka High School
& Jr. College Bodwad,
Tq. Bodwad, District Jalgaon. .. Petitioner
Versus
1. The State of Maharashtra
Through its Secretary,
Finance Department,
State of Maharashtra,
Mantralaya, Mumbai-32.
2. The Secretary,
School Education and Sports
Department, Mantralaya,
Mumbai-32.
3. The Deputy Director of Education,
Nashik Region, Nashik.
4. The Education Officer (Secondary),
Zilla Parishad, Jalgaon,
District Jalgaon.
5. The Superintendent,
Pay and Provident Fund Unit
Education Department, Jalgaon,
District Jalgaon.
6. The Bodwad Sarvajanik Co-operative
Education Soceity Ltd. Bodwad,
Tq. Bodwad, District Jalgaon,
Through its President/Secretary.
7. N. H. Ranka High School &
Jr. College Bodwad,
Tq. Bodwad, District Jalgaon,
Through its Headmaster .. Respondents
…
[6]
WP-5849-2024 and others (DCPS group).odt
WITH
WRIT PETITION NO.9068 OF 2025
Parag s/o Ramchandra Joshi
Age: 53 years, Occu.: Service
as Assistant Teacher presently
working with N. H. Ranka High
School & Jr. College Bodwad,
Tq. Bodwad, Dist. Jalgaon. .. Petitioner
Versus
1. The State of Maharashtra
Through its Secretary,
Finance Department,
State of Maharashtra,
Mantralaya, Mumbai-32.
2. The Secretary,
School Education and Sports
Department, Mantralaya,
Mumbai-32.
3. The Deputy Director of Education,
Nashik Region, Nashik.
4. The Education Officer (Secondary),
Zilla Parishad, Jalgaon,
District Jalgaon.
5. The Superintendent,
Pay and Provident Fund Unit
Education Department, Jalgaon,
District Jalgaon.
6. The Bodwad Sarvajanik Co-operative
Education Soceity Ltd. Bodwad,
Tq. Bodwad, District Jalgaon,
Through its President/Secretary.
7. N. H. Ranka High School &
Jr. College Bodwad,
Tq. Bodwad, District Jalgaon,
Through its Headmaster .. Respondents
…
WITH
WRIT PETITION NO.12172 OF 2025
Smt. Vidya Kishanrao Thorat
Age: 57 years, Occu.: Service
as Assistant Teacher presently
working with Mahatma Kabir
Vidyalaya Sahyognagar, Nanded,
[7]
WP-5849-2024 and others (DCPS group).odt
Tq. And Dist. Nanded. .. Petitioner
Versus
1. The State of Maharashtra
Through its Secretary,
Finance Department,
State of Maharashtra,
Mantralaya, Mumbai-32.
2. The Secretary,
School Education and Sports
Department, Mantralaya,
Mumbai-32.
3. The Deputy Director of Education,
Latur Region, Latur.
4. The Education Officer (Secondary),
Zilla Parishad, Nanded,
District Nanded.
5. The Superintendent,
Pay and Provident Fund Unit
Education Department, Nanded,
District Nanded.
6. Pankaj Education Society
Sahyognagar, Nanded
Tq. And Dist. Nanded
Through its President/Secretary
7. Mahatma Kabir Vidyalaya,
Sahyognagar, Nanded,
Tq. And Dist. Nanded,
Through its Headmaster .. Respondents
…
WITH
WRIT PETITION NO.13319 of 2024
Bhagwat s/o Laxman Palhal
Age: 43 years, Occu.: Service as
Assistant Teacher presently working
with Karmaveer Kakasaheb Deshmukh
Madhyamik Vidyalaya S.S.K. Kannad,
Tq. Kannad, Dist. Chh. Sambhajinagar .. Petitioner
Versus
1. The State of Maharashtra
Through its Secretary,
Finance Department,
State of Maharashtra,
Mantralaya, Mumbai-32.
[8]
WP-5849-2024 and others (DCPS group).odt
2. The Secretary,
School Education and Sports
Department, Mantralaya,
Mumbai-32.
3. The Deputy Director of Education,
Chh. Sambhajinagar Region,
Chh. Sambhajinagar.
4. The Education Officer (Secondary),
Zilla Parishad, Chh. Sambhajinagar,
District Chh. Sambhajinagar.
5. The Superintendent,
Pay and Provident Fund Unit
Education Department,
Chh. Sambhajinagar.
6. Jijamata Shikshan Prasarak Mandal
Pishor, Tq. Kannad,
Dist. Chh. Sambhajinagar,
Through its President/Secretary
7. Karmaveer Kakasaheb Deshmukh
Madhyamik Vidyalaya S.S.K. Kannad,
Tq. Kannad, Dist. Chh. Sambhajinagar,
Through its Headmaster. .. Respondents
…
WITH
WRIT PETITION NO.13300 OF 2024
Jagmohan s/o Totaram Mundwadkar
Age: 46 years, Occu.: Service as
Assistant Teacher presently working
with Karmaveer Kakasaheb Deshmukh
Vidyalaya Kannad, Tq. Kannad,
Dist. Chh. Sambhajinagar. .. Petitioner
Versus
1. The State of Maharashtra
Through its Secretary,
Finance Department,
State of Maharashtra,
Mantralaya, Mumbai-32.
2. The Secretary,
School Education and Sports
Department, Mantralaya,
Mumbai-32.
3. The Deputy Director of Education,
[9]
WP-5849-2024 and others (DCPS group).odt
Chh. Sambhajinagar Region,
Chh. Sambhajinagar.
4. The Education Officer (Secondary),
Zilla Parishad, Chh. Sambhajinagar,
District Chh. Sambhajinagar.
5. The Superintendent,
Pay and Provident Fund Unit
Education Department,
Chh. Sambhajinagar.
6. Jijamata Shikshan Prasarak Mandal
Pishor, Tq. Kannad,
Dist. Chh. Sambhajinagar,
Through its President/Secretary
7. Karmaveer Kakasaheb Deshmukh
Madhyamik Vidyalaya S.S.K. Kannad,
Tq. Kannad, Dist. Chh. Sambhajinagar,
Through its Headmaster. .. Respondents
…
WITH
WRIT PETITION NO.13315 OF 2024
Smt. Ratnamala Vishvanath Hatkar
Age: 42 years, Occu.: Service as
Assistant Teacher presently working
with Chhatrapati Shivaji Madhyamik
Vidyalaya, Banshendra, Tq. Kannad,
Dist. Chh. Sambhajinagar .. Petitioner
Versus
1. The State of Maharashtra
Through its Secretary,
Finance Department,
State of Maharashtra,
Mantralaya, Mumbai-32.
2. The Secretary,
School Education and Sports
Department, Mantralaya,
Mumbai-32.
3. The Deputy Director of Education,
Chh. Sambhajinagar Region,
Chh. Sambhajinagar.
4. The Education Officer (Secondary),
Zilla Parishad, Chh. Sambhajinagar,
District Chh. Sambhajinagar.
5. The Superintendent,
Pay and Provident Fund Unit
[10]
WP-5849-2024 and others (DCPS group).odt
Education Department,
Chh. Sambhajinagar.
6. Jijamata Shikshan Prasarak Mandal
Pishor, Tq. Kannad,
Dist. Chh. Sambhajinagar,
Through its President/Secretary
7. Chhatrapati Shivaji Madhyamik
Vidyalaya Banshendra, Tq. Kannad,
Dist. Chh. Sambhajinagar.
Through its Headmaster .. Respondents
…
WITH
WRIT PETITION NO.13320 OF 2024
Raju s/o Eknath Gavali
Age: 44 years, Occu.: Service as
Assistant Teacher presently working
with Jijamata Madhyamik Vidyalaya,
Pimparkheda, Tq. Kannad,
Dist. Chh. Sambhajinagar. .. Petitioner
Versus
1. The State of Maharashtra
Through its Secretary,
Finance Department,
State of Maharashtra,
Mantralaya, Mumbai-32.
2. The Secretary,
School Education and Sports
Department, Mantralaya,
Mumbai-32.
3. The Deputy Director of Education,
Chh. Sambhajinagar Region,
Chh. Sambhajinagar.
4. The Education Officer (Secondary),
Zilla Parishad, Chh. Sambhajinagar,
District Chh. Sambhajinagar.
5. The Superintendent,
Pay and Provident Fund Unit
Education Department,
Chh. Sambhajinagar.
6. Jijamata Shikshan Prasarak Mandal
Pishor, Tq. Kannad,
Dist. Chh. Sambhajinagar,
Through its President/Secretary
[11]
WP-5849-2024 and others (DCPS group).odt
7. Jijamata Madhyamik Vidyalaya
Pimparkheda, Tq. Kannad,
Dist. Chh. Sambhajinagar,
Through its Headmaster .. Respondents
…
WITH
WRIT PETITION NO.13316 OF 2024
Ashok s/o Vitthalrao Wahatule
Age: 46 years, Occu.: Service as
Assistant Teacher presently working
with Champavati Kanya Vidyalaya,
Chapaner, Tq. Kannad,
Dist. Chh. Sambhajinagar .. Petitioners
Versus
1. The State of Maharashtra
Through its Secretary,
Finance Department,
State of Maharashtra,
Mantralaya, Mumbai-32.
2. The Secretary,
School Education and Sports
Department, Mantralaya,
Mumbai-32.
3. The Deputy Director of Education,
Chh. Sambhajinagar Region,
Chh. Sambhajinagar.
4. The Education Officer (Secondary),
Zilla Parishad, Chh. Sambhajinagar,
District Chh. Sambhajinagar.
5. The Superintendent,
Pay and Provident Fund Unit
Education Department,
Chh. Sambhajinagar.
6. Hanuman Sanskritik and Shaishanik
Manda, Chapaner, Tq. Kannad,
Dist. Chh. Sambhajinagar,
Through its President/Secretary
7. Champavati Kanya Vidyalaya,
Chapner, Tq. Kannad,
Dist. Chh. Sambhajinagar,
Through its Headmaster .. Respondents
…
WITH
WRIT PETITION NO.13318 OF 2024
[12]
WP-5849-2024 and others (DCPS group).odt
Sunil s/o Sampatrao Chavan
Age: 49 years, Occu.: Service as
Assistant Teacher presently working
with Champavati Kanya Vidyalaya,
Chapaner, Tq. Kannad,
Dist. Chh. Sambhajinagar. .. Petitioner
Versus
1. The State of Maharashtra
Through its Secretary,
Finance Department,
State of Maharashtra,
Mantralaya, Mumbai-32.
2. The Secretary,
School Education and Sports
Department, Mantralaya,
Mumbai-32.
3. The Deputy Director of Education,
Chh. Sambhajinagar Region,
Chh. Sambhajinagar.
4. The Education Officer (Secondary),
Zilla Parishad, Chh. Sambhajinagar,
District Chh. Sambhajinagar.
5. The Superintendent,
Pay and Provident Fund Unit
Education Department,
Chh. Sambhajinagar.
6. Hanuman Sanskritik and Shaishanik
Manda, Chapaner, Tq. Kannad,
Dist. Chh. Sambhajinagar,
Through its President/Secretary
7. Champavati Kanya Vidyalaya,
Chapner, Tq. Kannad,
Dist. Chh. Sambhajinagar,
Through its Headmaster .. Respondents
…
WITH
WRIT PETITION NO.13321 OF 2024
Sunil s/o Shankar Sakhare
Age: 51 years, Occu.: Service as
Assistant Teacher presently working
with Champavati Kanya Vidyalaya,
Chapaner, Tq. Kannad,
Dist. Chh. Sambhajinagar. .. Petitioner
[13]
WP-5849-2024 and others (DCPS group).odt
Versus
1. The State of Maharashtra
Through its Secretary,
Finance Department,
State of Maharashtra,
Mantralaya, Mumbai-32.
2. The Secretary,
School Education and Sports
Department, Mantralaya,
Mumbai-32.
3. The Deputy Director of Education,
Chh. Sambhajinagar Region,
Chh. Sambhajinagar.
4. The Education Officer (Secondary),
Zilla Parishad, Chh. Sambhajinagar,
District Chh. Sambhajinagar.
5. The Superintendent,
Pay and Provident Fund Unit
Education Department,
Chh. Sambhajinagar.
6. Hanuman Sanskritik and Shaishanik
Manda, Chapaner, Tq. Kannad,
Dist. Chh. Sambhajinagar,
Through its President/Secretary
7. Champavati Kanya Vidyalaya,
Chapner, Tq. Kannad,
Dist. Chh. Sambhajinagar,
Through its Headmaster .. Respondents
…
WITH
WRIT PETITION NO.13637 OF 2024
Sopan s/o Krishnarao Kale
Age: 45 years, Occu.: Service as
Post Graduate Teacher presently
working with Sane Guruji Primary
School, Kannad, Tq. Kannad,
Dist. Chh. Sambhajinagar. .. Petitioner
Versus
1. The State of Maharashtra
Through its Secretary,
Finance Department,
State of Maharashtra,
Mantralaya, Mumbai-32.
[14]
WP-5849-2024 and others (DCPS group).odt
2. The Secretary,
School Education and Sports
Department, Mantralaya,
Mumbai-32.
3. The Deputy Director of Education,
Chh. Sambhajinagar Region,
Chh. Sambhajinagar.
4. The Education Officer (Secondary),
Zilla Parishad, Chh. Sambhajinagar,
District Chh. Sambhajinagar.
5. The Superintendent,
Pay and Provident Fund Unit
Education Department,
Chh. Sambhajinagar.
6. Sane Guruji Shikshan Prasarak
Mandal, Kannad, Tq. Kannad,
Dist. Chh. Sambhajinagar,
Through its President/Secretary
7. Sane Guruji Primary School,
Kannad, Tq. Kannad,
Dist. Chh. Sambhajinagar,
Through its Headmaster .. Respondents
…
WITH
WRIT PETITION NO.13314 OF 2024
Ganeshsing s/o Shivaji Nikam
Age: 40 years, Occu.: Service as
Assistant Teacher presently working
with Sane Guruji Primary
School, Kannad, Tq. Kannad,
Dist. Chh. Sambhajinagar. .. Petitioner
Versus
1. The State of Maharashtra
Through its Secretary,
Finance Department,
State of Maharashtra,
Mantralaya, Mumbai-32.
2. The Secretary,
School Education and Sports
Department, Mantralaya,
Mumbai-32.
3. The Deputy Director of Education,
Chh. Sambhajinagar Region,
Chh. Sambhajinagar.
[15]
WP-5849-2024 and others (DCPS group).odt
4. The Education Officer (Secondary),
Zilla Parishad, Chh. Sambhajinagar,
District Chh. Sambhajinagar.
5. The Superintendent,
Pay and Provident Fund Unit
Education Department,
Chh. Sambhajinagar.
6. Sane Guruji Shikshan Prasarak
Mandal, Kannad, Tq. Kannad,
Dist. Chh. Sambhajinagar,
Through its President/Secretary
7. Sane Guruji Primary School,
Kannad, Tq. Kannad,
Dist. Chh. Sambhajinagar,
Through its Headmaster .. Respondents
…
WITH
WRIT PETITION NO.5850 OF 2024
Smt. Sangita Manikrao Mundhe
Age: 49 years, Occu.: Service as
Assistant Teacher presently
working with Adarsh Secondary &
Higher Secondary School,
Manatha, Tq. Hadgaon,
Dist. Nanded. .. Petitioners
Versus
1. The State of Maharashtra
Through its Secretary,
Finance Department,
State of Maharashtra,
Mantralaya, Mumbai-32.
2. The Secretary,
School Education and Sports
Department, Mantralaya,
Mumbai-32.
3. The Deputy Director of Education,
Latur Region, Latur.
4. The Education Officer (Secondary),
Zilla Parishad, Latur.
[16]
WP-5849-2024 and others (DCPS group).odt
5. The Superintendent,
Pay and Provident Fund Unit
Education Department,
Nanded.
6. Adarsh Vidyalaya Shikshan
Samiti Mantha, Tq. Hadgaon,
Dist. Nanded
Through its President/Secretary,
7. Adarsh Secondary and Higher
Secondary School Mantha,
Tq. Hadgaon, Dist. Nanded,
Through its Principal/Headmaster .. Respondents
…
WITH
WRIT PETITION NO.5856 OF 2024
Balaji s/o Govindrao Wankhede
Age: 49 years, Occu.: Service
as Assistant Teacher presently
working with Adarsh Secondary
& Higher Secondary School,
Manatha, Tq. Hadgaon,
Dist. Nanded. .. Petitioner
Versus
1. The State of Maharashtra
Through its Secretary,
Finance Department,
State of Maharashtra,
Mantralaya, Mumbai-32.
2. The Secretary,
School Education and Sports
Department, Mantralaya,
Mumbai-32.
3. The Deputy Director of Education,
Latur Region, Latur.
4. The Education Officer (Secondary),
Zilla Parishad, Latur.
5. The Superintendent,
Pay and Provident Fund Unit
Education Department,
Nanded.
6. Adarsh Vidyalaya Shikshan
Samiti Mantha, Tq. Hadgaon,
[17]
WP-5849-2024 and others (DCPS group).odt
Dist. Nanded
Through its President/Secretary,
7. Adarsh Secondary and Higher
Secondary School Mantha,
Tq. Hadgaon, Dist. Nanded,
Through its Principal/Headmaster .. Respondents
…
WITH
WRIT PETITION NO.5854 OF 2024
Babasaheb s/o Hausrao Mhaske
Age: 50 years, Occu.: Service
as Assistant Teacher presently
working with Macchindranath
Vidyalaya, Sawargaon, Tq. Ashti,
Dist. Beed. .. Petitioner
Versus
1. The State of Maharashtra
Through its Secretary,
Finance Department,
State of Maharashtra,
Mantralaya, Mumbai-32.
2. The Secretary,
School Education and Sports
Department, Mantralaya,
Mumbai-32.
3. The Deputy Director of Education,
Aurangabad Region, Aurangabad.
4. The Education Officer (Secondary),
Zilla Parishad, Beed.
5. The Superintendent,
Pay and Provident Fund Unit
Education Department, Beed,
District Beed.
6. Shetkari Shikshan Prasarak
Mandal, Ashti, Tq. Ashti, Dist. Beed,
Through its President/Secretary
7. Macchindranath Vidyalaya Sawargaon,
Tq. Ashti, Dist. Beed,
Through its Principal/Headmaster .. Respondents
…
WITH
WRIT PETITION NO.13616 OF 2024
[18]
WP-5849-2024 and others (DCPS group).odt
Wahed s/o Fakira Patel
Age: 59 years, Occu.: Retired,
R/o. Harsul T. Point, Beri Bag,
Galli No.8, Chh. Sambhajinagar,
Tq. And Dist. Chh. Sambhajinagar .. Petitioner
Versus
1. The State of Maharashtra
Through its Secretary,
Finance Department,
State of Maharashtra,
Mantralaya, Mumbai-32.
2. The Secretary,
School Education and Sports
Department, Mantralaya,
Mumbai-32.
3. The Deputy Director of Education,
Aurangabad Region, Aurangabad.
4. The Education Officer (Secondary),
Zilla Parishad, Jalna.
5. The Superintendent,
Pay and Provident Fund Unit
Education Department, Jalna,
Dist. Jalna.
6. Sillod Shikshan Sanstha, Sillod,
N-11, CIDCO, Chh. Sambhajinagar,
Tq. And Dist. Chh. Sambhajinagar,
Through its President/Secretary
7. Siddharth Arts, Commerce & Science
College, Jafrabad, Tq. Jafrabad,
Dist. Jalna,
Through its Principal .. Respondents
…
WITH
WRIT PETITION NO.5857 OF 2024
Sharad s/o Murlidhar Vidhate
Age: 41 years, Occu.: Service
as Assistant Teacher presently
working with Macchindranath
Vidyalaya, Sawargaon, Tq. Ashti,
Dist. Beed. .. Petitioner
Versus
[19]
WP-5849-2024 and others (DCPS group).odt
1. The State of Maharashtra
Through its Secretary,
Finance Department,
State of Maharashtra,
Mantralaya, Mumbai-32.
2. The Secretary,
School Education and Sports
Department, Mantralaya,
Mumbai-32.
3. The Deputy Director of Education,
Aurangabad Region, Aurangabad.
4. The Education Officer (Secondary),
Zilla Parishad, Beed.
5. The Superintendent,
Pay and Provident Fund Unit
Education Department, Beed,
District Beed.
6. Shetkari Shikshan Prasarak
Mandal, Ashti, Tq. Ashti, Dist. Beed,
Through its President/Secretary
7. Macchindranath Vidyalaya Sawargaon,
Tq. Ashti, Dist. Beed,
Through its Principal/Headmaster .. Respondents
…
WITH
WRIT PETITION NO.5853 OF 2024
Surendrakumar s/o Ramrao Potdar
Age: 55 years, Occu.: Service as
Assistant Teacher presently working
with Adarsh Secondary & Higher
Secondary School, Manatha,
Tq. Hadgaon, Dist. Nanded. .. Petitioner
Versus
1. The State of Maharashtra
Through its Secretary,
Finance Department,
State of Maharashtra,
Mantralaya, Mumbai-32.
2. The Secretary,
School Education and Sports
Department, Mantralaya,
Mumbai-32.
[20]
WP-5849-2024 and others (DCPS group).odt
3. The Deputy Director of Education,
Latur Region, Latur.
4. The Education Officer (Secondary),
Zilla Parishad, Latur.
5. The Superintendent,
Pay and Provident Fund Unit
Education Department,
Nanded.
6. Adarsh Vidyalaya Shikshan
Samiti Mantha, Tq. Hadgaon,
Dist. Nanded
Through its President/Secretary,
7. Adarsh Secondary and Higher
Secondary School Mantha,
Tq. Hadgaon, Dist. Nanded,
Through its Principal/Headmaster .. Respondents
…
WITH
WRIT PETITION NO.5860 OF 2024
Babasaheb s/o Asaram Aute
Age: 55 years, Occu.: Service
as Assistant Teacher presently
working with Macchindranath
Vidyalaya, Sawargaon, Tq. Ashti,
Dist. Beed. .. Petitioner
Versus
1. The State of Maharashtra
Through its Secretary,
Finance Department,
State of Maharashtra,
Mantralaya, Mumbai-32.
2. The Secretary,
School Education and Sports
Department, Mantralaya,
Mumbai-32.
3. The Deputy Director of Education,
Aurangabad Region, Aurangabad.
4. The Education Officer (Secondary),
Zilla Parishad, Beed.
5. The Superintendent,
Pay and Provident Fund Unit
[21]
WP-5849-2024 and others (DCPS group).odt
Education Department, Beed,
District Beed.
6. Shetkari Shikshan Prasarak
Mandal, Ashti, Tq. Ashti, Dist. Beed,
Through its President/Secretary
7. Macchindranath Vidyalaya Sawargaon,
Tq. Ashti, Dist. Beed,
Through its Principal/Headmaster .. Respondents
…
WITH
WRIT PETITION NO.2850 OF 2025
Ramesh Trimbakrao Gavande
Age: 48 years, Occu.: Service as
Jr. College Teacher presently
working with Shri Rameshwar Arts,
Commerce and Science Jr. College,
Bhokardan, Dist. Jalna .. Petitioner
Versus
1. The State of Maharashtra
Through its Secretary,
Finance Department,
Mantralaya, Mumbai-32.
2. The Secretary,
School Education and Sports
Department, Mantralaya,
Mumbai-32.
3. The Deputy Director of Education,
Chh. Sambhajinagar Region,
Chh. Sambhajinagar.
4. The Education Officer (Secondary),
Zilla Parishad, Jalna.
5. The Superintendent,
Pay and Provident Fund Unit
Education Department, Jalna,
District Jalna.
6. Shri. Rameshwar Education Society,
Bhokardan, Tq. Bhokardan,
Dist. Jalna.
Through its President/Secretary
7. Shri Rameshwar Arts, Commerce
and Science Jr. College, Bhokardan,
Tq. Bhokardan, Dist. Jalna,
Through its Principal .. Respondents
[22]
WP-5849-2024 and others (DCPS group).odt
…
• Mr. A. G. Ambetkar, Advocate for the petitioners in all petitions.
• Ms. Neha B. Kamble, AGP for respondents/State in all petitions.
• Mr. Ashok B. Tele, Advocate for respondent Nos.6 and 7 in WP
Nos.5849/2024.
• Mr. R. P. Bhumkar, Advocate for respondent Nos.5 and 6 in WP
Nos.5859/2024.
• Mr. A. P. Avhad, Advocate for respondent Nos.6 and7 in WP Nos.9090/2025,
9085/2025, 9070/2025, 9087/2025, 9068/2025, 12172/2025.
• Mr. D. R. Adhav, Advocate for respondent No.7 in WP/13321/2024.
• Mr. P. R. Nangare, Advocate for respondent Nos.3 and 4 in WP/13637/2024,
13314/2024.
• Mr. B. T. Bodkhe, Advocate for respondent Nos.6 and 7 in WP/5860/2024,
5852/2024, 5854/2024, 5857/2024.
• Mr. M. M. Parghane, Advocate for respondent No.7 in WP/5856/2024,
5850/2024, 5853/2024.
• Mr. H. S. Kamble, Advocate for respondent Nos.6 and 7 in WP/13616/2024.
• Mr. N. R. Pawde, Advocate for respondent No.3 No.5850/2024.
...
CORAM : SMT. VIBHA KANKANWADI &
HITEN S. VENEGAVKAR, JJ.
DATE : 27 FEBRUARY 2026
JUDGMENT (Per Smt. Vibha Kankanwadi, J.) :-
. Writ Petition No.2850 of 2025 is not in board. Upon mentioning, the
said petition is taken on board.
2. Rule. Rule made returnable forthwith. Heard by consent of parties.
3. By the present writ petitions, the petitioners claim that they are
employees appointed prior to 31.10.2005 in the partially aided division of
[23]
WP-5849-2024 and others (DCPS group).odt
100% aided schools and are seeking declaration that the petitioners are
governed under old pension scheme i.e. Maharashtra Civil Services (Pension)
Rules, 1982 and Maharashtra Civil Services (Commutation of Pension) Rules,
1984 and General Provident Fund, which are applicable to the Assistant
Teacher/Jr. College Teachers who are appointed prior to 01.11.2005 and
shall not apply the Defined Contribution Pension Scheme (DCPS) or National
Pension Scheme (NPS), which replaces the old pension scheme from
01.11.2005. The petitioners also pray to consequently direct the respondents
to take steps to extend benefits under old pension scheme in favour of the
petitioners and direct the concerned schools to forthwith submit the pension
papers/proposal of the petitioners who are appointed as Assistant
Teacher/Junior College Teachers prior to 01.11.2005 and already stood
retired within six weeks. The issue involved in these petitions is common and
is therefore taken up for consideration.
4. The petitioners have approached this Court seeking multiple reliefs
and consequential reliefs arising out of the main reliefs. The facts in detail
are noted in tabular form.
Writ Petition Name of Petitioner Date of First Date of Full Time 100% Grant School/College
Nos. Appointment & (Approval) & Post Received in Name
(Approval) & Post Year
WP/5849/2024 Bhagwan Vitthalrao 02.07.1999 2006-2007 1995-1996 Renuka Secondary &
Wakde (Full-Time Assistant (Full-Time Jr. Lecturer) Higher Secondary
Vs. Teacher) (Non grant-in- (100% grant-in-aid School Mantha, Tq.
The State of Maharashtra aid divisions of Jr. divisions of Jr. College) Mantha, Dist. Jalna
& Ors. College) Retired on 31.01.2024
WP/5859/2024 Shaikh Ayesha Parveen 15.06.2001 2014-2015 1996 Bilal Primary School
[24]
WP-5849-2024 and others (DCPS group).odt
Shaikh Allaoddin (Full-Time Assistant (Full-Time Assistant Hamalwadi, Tq. Parli
Vs. Teacher) Teacher) Vaijnath, Dist. Beed.
The State of Maharashtra (Non grant-in-aid (100% grant-in-aid
& Ors. divisions of school) divisions of school)
(Retired on 30.06.2022)
WP/9090/2025 Minakshi Tryambak 01.07.1999 2007-2008 1945 N. H. Ranka High
Nemade @ Minakshi (Full-Time Assistant (Full-Time Assistant (School) School & Jr. College
Vasudeo Hole Teacher) Teacher) Bodwad, Tq.
Vs. 1983-1984 Bodwad, Dist.
The State of Maharashtra (100% grant-in-aid (100% grant-in-aid (Jr. College) Jalgaon.
& Ors. divisions of XI class of divisions of XI & XII
school) class of school)
(Non grant-in-aid
divisions of XII class of
school)
WP/9085/2025 Mahendra Bhaurao 01.07.1999 2007-2008 1945 N. H. Ranka High
Pandit (Full-Time Assistant (Full-Time Assistant (School) School & Jr. College
Vs. Teacher) Teacher) Bodwad, Tq.
The State of Maharashtra 1983-1984 Bodwad, Dist.
& Ors. (100% grant-in-aid (100% grant-in-aid (Jr. College) Jalgaon.
divisions of XI class of divisions of XI & XII
school) class of school)
(Non grant-in-aid
divisions of XII class of
school)
WP/9070/2025 Anil Tukaram Dandade 14.06.2003 2007-2008 1945 N. H. Ranka High
Vs. (Full-Time Assistant (Full-Time Assistant (School) School & Jr. College
The State of Maharashtra Teacher) Teacher) Bodwad, Tq.
& Ors. 1983-1984 Bodwad, Dist.
(100% grant-in-aid (100% grant-in-aid (Jr. College) Jalgaon.
divisions of XI class of divisions of XI & XII
school) class of school)
(Non grant-in-aid
divisions of XII class of
school)
WP/9087/2025 Dnyaneshwar Jagnnath 01.07.1999 2007-2008 1945 N. H. Ranka High
Chikte (Full-Time Assistant (Full-Time Assistant (School) School & Jr. College
Vs. Teacher) Teacher) Bodwad, Tq.
The State of Maharashtra 1983-1984 Bodwad, Dist.
& Ors. (100% grant-in-aid (100% grant-in-aid (Jr. College) Jalgaon.
divisions of XI class of divisions of XI & XII
school) class of school)
(Non grant-in-aid
divisions of XII class of
school)
WP/9068/2025 Parag Ramchandra Joshi 01.07.1999 2007-2008 1945 N. H. Ranka High
Vs. (Full-Time Assistant (Full-Time Assistant (School) School & Jr. College
The State of Maharashtra Teacher) Teacher) Bodwad, Tq.
& Ors. 1983-1984 Bodwad, Dist.
(100% grant-in-aid (100% grant-in-aid (Jr. College) Jalgaon.
divisions of XI class of divisions of XI & XII
school) class of school)
(Non grant-in-aid
divisions of XII class of
school)
WP/ Vidya Kashinathrao 01.07.2001 2008-2009 1998-1999 Mahatma Kabir
12172/2025 Thorat (Full-Time Assistant (Full-Time Assistant Vidyalaya
Vs. Teacher) Teacher) Sahyognagar,
The State of Maharashtra Nanded, Tq. And
& Ors. (Non grant-in-aid (100% grant-in-aid Dist. Nanded
divisions of 100% divisions of school)
grant-in-aid school)
WP/ Bhagwat Laxman Palhal 05.11.2003 March 2010 2005 Chhatrapati Shivaji
[25]
WP-5849-2024 and others (DCPS group).odt
13319/2024 Vs. (Full-Time Assistant (18.09.2010) Madhyamik
The State of Maharashtra Teacher) (Full-Time Assistant Vidyalaya
& Ors. (Non grant-in-aid Teacher) Banshendra, Tq.
divisions of school) (100% grant-in-aid Kannad, Dist. Chh.
divisions of school) Sambhajinagar
WP/ Jagmohan Totaram 14.06.2005 (Full-Time March 2010 2005 Karmaveer
13300/2024 Mundwadkar Assistant Teacher) (18.09.2010) Kakasaheb
Vs. (Non grant-in-aid (Full-Time Assistant Deshmukh
The State of Maharashtra divisions of school) Teacher) Vidyalaya, Tq.
& Ors. (100% grant-in-aid Kannad, Dist. Chh.
divisions of school) Sambhajinagar
WP/ Smt. Ratnamala 03.11.2003 March 2009 2005 Chhatrapati Shivaji
13315/2024 Vishwanath Hatkar (Full-Time Assistant (08.09.2009) Madhyamik
Vs. Teacher) (Full-Time Assistant Vidyalaya,
The State of Maharashtra (Non grant-in-aid Teacher) Banshendra, Tq.
& Ors. divisions of school) (100% grant-in-aid Kannad, Dist. Chh.
divisions of school) Sambhajinagar
WP/ Raju Eknath Gavali 14.06.2002 March 2009 2005 Chhatrapati Shivaji
13320/2024 Vs. (Full-Time Assistant (08.09.2009) Madhyamik
The State of Maharashtra Teacher) (Full-Time Assistant Vidyalaya,
& Ors. Non grant-in-aid Teacher) Banshendra, Tq.
divisions of school) (100% grant-in-aid Kannad, Dist. Chh.
divisions of school) Sambhajinagar
WP/ Ashok Vitthalrao 16.12.2004 March 2009 1995 Champavati Kanya
13316/2024 Wahatule (Full-Time Assistant (01.03.2009) Vidyalaya Chapner,
Vs. Teacher) (Full-Time Assistant Tq. Kannad, Dist.
The State of Maharashtra (Non grant-in-aid Teacher) Chh. Sambhajinagar
& Ors. divisions of school) (100% grant-in-aid
divisions of school)
WP/ Sunil Sampatrao Chavan 01.08.2001 March 2008 1995 Champavati Kanya
13318/2024 Vs. (Full-Time Assistant (01.03.2008) Vidyalaya Chapner,
The State of Maharashtra Teacher) (Full-Time Assistant Tq. Kannad, Dist.
& Ors. (Non grant-in-aid Teacher) Chh. Sambhajinagar
divisions of school) (100% grant-in-aid
divisions of school)
WP/ Sunil Shriram Sakhare 16.12.2004 March 2009 1995 Champavati Kanya
13321/2024 Vs. (Full-Time Assistant (01.03.2009) Vidyalaya Chapner,
The State of Maharashtra Teacher) (Full-Time Assistant Tq. Kannad, Dist.
& Ors. (Non grant-in-aid Teacher) Chh. Sambhajinagar
divisions of school) (100% grant-in-aid
divisions of school)
WP/ Sopan Krishnarao Kale 22.06.2004 2014-2015 1999 Sane Guruji Primary
13637/2024 Vs. (Full-Time Assistant (05.09.2014) School Kannad, Tq.
The State of Maharashtra Teacher) (Full-Time Assistant Kannad, Dist. Chh.
& Ors. (Non grant-in-aid Teacher) Sambhajinagar
divisions of school) (100% grant-in-aid
divisions of school)
WP/ Ganeshshing Shivaji 14.06.2005 2014-2015 1999 Sane Guruji Primary
13314/2024 Nikam (Full-Time Assistant (05.09.2014) School Kannad, Tq.
Vs. Teacher) (Full-Time Assistant Kannad, Dist. Chh.
The State of Maharashtra (Non grant-in-aid Teacher) Sambhajinagar
& Ors. divisions of school) (100% grant-in-aid
divisions of school
WP/5860/2024 Babasaheb Asaram Aute 19.06.2000 2008-2009 1993-1994 Macchindranath
Vs. (Full-Time Assistant (Full-Time Assistant Vidyalaya
The State of Maharashtra Teacher( Teacher) Sawargaon Ghat, Tq.
& Ors. (Non grant-in-aid (100% grant-in-aid Ashti, Dist. Beed.
divisions of school) divisions of school)
WP/5852/2024 Archana Umaji Kakade 21.06.2003 2012-2013 1996-1997 Macchindranath
Vs. (Full-Time Assistant (Full-Time Assistant Vidyalaya
The State of Maharashtra Teacher) Teacher) Sawargaon Ghat, Tq.
& Ors. (Non grant-in-aid (100% grant-in-aid Ashti, Dist. Beed.
[26]
WP-5849-2024 and others (DCPS group).odt
divisions of school) divisions of school)
WP/5856/2024 Balaji Govindrao 19.07.2002 2008-2009 1965 Adarsh Secondary &
Wankhede (Full-Time Assistant (Full-Time Assistant (High Higher Secondary
Vs. Teacher) Teacher) School) School Manatha, Tq.
The State of Maharashtra (Partially grant-in-aid (100% grant-in-aid Hadgaon, Dist.
& Ors. divisions of Jr. College) divisions of Jr. College) 1993-1994 Nanded
(Jr. College)
WP/5854/2024 Babasaheb Hausrao 12.12.2003 2011-2012 1996-1997 Macchindranath
Mhaske (Full-Time Assistant (Full-Time Assistant Vidyalaya
Vs. Teacher) Teacher) Sawargaon Ghat, Tq.
The State of Maharashtra (Non grant-in-aid (100% grant-in-aid Ashti, Dist. Beed.
& Ors. divisions of school) divisions of school)
WP/ Wahed Fakira Patel 17.06.2002 2008-2009 1995 Siddhartha Arts,
13616/2024 Vs. (Full-Time Jr. Lecturer) (29.12.2009) Commerce & Science
The State of Maharashtra (Non grant-in-aid (Full-Time Jr. Lecturer) College, Jafrabad,
& Ors. divisions of Jr. College) (100% grant-in-aid Tq. Jafrabad, Dist.
divisions of Jr. College Jalna
Retired on 31.03.2024
WP/5857/2024 Sharad Muralidhar 20.06.2005 2010-2011 1996-1997 Macchindranath
Vidhate (Full-Time Assistant (Full-Time Assistant Vidyalaya
Vs. Teacher) Teacher) Sawargaon Ghat, Tq.
The State of Maharashtra (Non grant-in-aid (100% grant-in-aid Ashti, Dist. Beed.
& Ors. divisions of school) divisions of school)
WP/5850/2024 Sangita Manikrao 12.07.2000 2008-2009 1965 Adarsh Secondary &
Mundhe (Full-Time Assistant (Full-Time Assistant (High Higher Secondary
Vs. Teacher) Teacher) School) School Manatha, Tq.
The State of Maharashtra (Partially grant-in-aid (100% grant-in-aid Hadgaon, Dist.
& Ors. divisions of Jr. College) divisions of Jr. College) 1993-1994 Nanded.
(Jr. College)
WP/5853/2024 Surendrakumar Ramrao 01.07.2002 2008-2009 1965 Adarsh Secondary &
Potdar (Full-Time Assistant (Full-Time Assistant (High Higher Secondary
Vs. Teacher) Teacher) School) School Manatha, Tq.
The State of Maharashtra (Partially grant-in-aid (100% grant-in-aid 1993-1994 Hadgaon, Dist.
& Ors. divisions of Jr. College) divisions of Jr. College) (Jr. College) Nanded.
WP/2850/2025 Ramesh Trimbakrao 08.07.2022 16.06.2008 08.07.1982 Shri Rajeshwar Arts,
Gavande (Full-Time Jr. College (Full-Time Jr. College Commerce and
Vs. Teacher) Teacher) Science Jr. College,
The State of Maharashtra Bhokardan, Dist.
& Ors. (Non grant-in-aid (100% grant-in-aid Jalna.
divisions of school) divisions of school)
5. Learned Advocate for the petitioners in all the matters submits that the
issue raised in these petitions is no more res-integra and has been
conclusively decided in case of Nilesh Namdev Gurav & Ors. Vs. State of
Maharashtra reported in 2022 (3) Mh.L.J. 615. The same view has been
consistently followed by this Court in various judgments. He submits that
those judgments have been quoted recently in Dattatrya Patingrao Borse Vs.
[27]
WP-5849-2024 and others (DCPS group).odt
The State of Maharashtra and others, [Writ Petition No.8548 of 2022 with
companion matters decided on 25.02.2026] and, therefore, he seeks
declaration that the petitioners are governed under the old pension scheme
and has prayed for the consequential reliefs.
6. Per contra, learned AGP Ms. Neha B. Kamble appearing for
respondents/State in all the cases defend the case on similar grounds while
accepting the decision in Dattatrya Patingrao Borse (Supra). She submits that
only liberty be given to the respondents to verify the documents and service
records of the petitioners and time to take a decision be granted.
7. The issue whether the employees who worked in an unaided division
in November 2005 of an 100% aided school is entitled to pension under the
old pension scheme is no more res-integra, and is conclusively decided by
this Court in the case of Nilesh Namdev Gurav (Supra) and is consistently
followed by this Court in various judgments. We cannot take different view
and we are bound by the same. We are also informed that the view taken by
this Court in the case of Nilesh Namdev Gurav (Supra) and various other
matters is challenged in the Hon’ble Supreme Court. However, the Hon’ble
Supreme Court in none of the matters has granted any interim relief. This
Court has noticed the filing of the S.L.P. in Supreme Court in Writ Petition
No.2796 of 2024 (supra) and has allowed the writ petition as there is no
interim relief granted in the S.L.P. by the Hon’ble Supreme Court.
[28]
WP-5849-2024 and others (DCPS group).odt
8. We also agree to the observations in Dattatrya Patingrao Borse (Supra)
that duty is cast upon the respondents to give the employees all the retiral
benefits to which they are entitled to. As quoted therein, Hon’ble Supreme
Court in a case of S. K. Dua Vs. State of Haryana and Ors. reported in AIR
2008 SC 1077 and recently, in UP Roadways Retired Officials And Officers
Association Vs. State of U.P. and another reported in (2024) 9 SCC 331, has
observed that the retiral benefits are not in the nature of bounty and an
employee is entitled as of right to get those benefits immediately after
superannuation, unless they are withdrawn or withheld as a matter of
punishment. The service rules cannot be so molded and interpreted after the
service has begun, unless it is as per law and permitted under the law.
9. The law as declared in the above judgments is that the employees
similarly placed to the petitioners are entitled to old pension scheme who are
appointed prior to 01.11.2005 in the 100% aided schools and not the DCP
Scheme unless specifically opted by the employees. All the employees who
have not applied for the DCP Scheme and the present petitioners, having not
opted for the DCP Scheme, ought to have been granted the benefit of the old
pension scheme. We do not find any substance in the submission by learned
AGP that a specific mention has to be made and liberty is required to be
given to the respondents to verify the record and then take a decision in the
[29]
WP-5849-2024 and others (DCPS group).odt
matter. When the entitlement is declared by the Court, the verification will
not assume importance and it would be limited only to the extent of
calculation. Under the said circumstance, we grant identical reliefs to the
present petitioners. Hence, the following order :-
ORDER
i) Writ Petitions are allowed.
ii) The petitioners are entitled to be governed under the old
pension scheme i.e. Maharashtra Civil Services (Pension) Rules, 1982
and Maharashtra Civil Services (Commutation of Pension) Rules, 1984
and provisions of General Provident Fund is applicable to Petitioners
who are either Assistant Teachers or Non-Teaching employees,
appointed prior to 1st November 2005.
iii) The respondents shall extend the benefits of the old pension
scheme to the petitioners and shall not deduct any amount from the
salary of the petitioners by applying the DCP Scheme (New Pension
Scheme). In the event, any amount has been deducted by applying
the DCP Scheme, such amount shall be refunded to the petitioners
within a period of four weeks from the receipt of this order.
iv) The respondents shall allot the General Provident Fund Account
(GPF Account) to the petitioners and thereafter, permit the
[30]
WP-5849-2024 and others (DCPS group).odt
educational institutions to deduct the amount of monthly contribution
from the monthly salary of the petitioners and deposit the same in the
said GPF Account which shall be done within a period of six weeks
from the receipt of this order.
v) The Management is directed to submit the pension proposal as
regards to the eligible retired employees and to take necessary steps
thereof.
vi) Rule is made absolute in the above terms.
[ HITEN S. VENEGAVKAR ] [ SMT. VIBHA KANKANWADI ]
JUDGE JUDGE
scm
[31]
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