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. Shubham 1 906 WP-3380-2014 (C).doc 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. Shubham 2 906 WP-3380-2014 (C).doc 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 Shubham 3 906 WP-3380-2014 (C).doc 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.) Shubham 4 TALLE SHUBHAM ASHOKRAO Digitally signed by TALLE SHUBHAM ASHOKRAO Date: 2026.08.20 10:35:39 +0530