SMT. PRAGATI CHUNNILAL PACHPOHAR v. STATE OF MAHARASHTRA, THROGUH TIS SECRETARY, DEPARTMENT OF FINANCE, MUMBAI AND 2 OTHERS
WP/3374/2019 · 2026-01-28
Shri Nandesh Shankarrao Deshpande, Smt M S Jawalkar
body2024
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[ 2024 DAILYLAW 1489 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2024 DAILYLAW 1489 (BOM) · dailylaw.ai ]
Judgment text
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1 wp 2495.24.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR - - Writ Petition No.2495/2024 Ramashankar s/o Ramadhar Mishra, Age 53 years, Occ.-Service as Graduate Teacher presently working with Rashtriya Urdu Primary School, Shiv Panchayat Nagar, Kamptee, Nagpur, Tq. and District Nagpur. …. Petitioner. Versus
1. 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, Nagpur Region, Nagpur Dist. Nagpur. 4. The Education Officer (Primary), Zilla Parishad, Nagpur, Dist. Nagpur. 5. The Superintendent, Pay and Provident Fund Unit, (Primary), Nagpur, Behind the Patvardhan High School, Sitabardi, Nagpur. Respondent nos.6 and 7 added as per order dated 27-06-2025 and 21-07-2025
6. Kamptee Yuvak Shiksha Prasarak Mandal, Shiv Panchayat Nagar, Kamptee, Dist. Nagpur. Through its President/Secretary. 7. Rashtriya Urdu Primary School, Shiv Panchayat Nagar, Kamptee, Dist. Nagpur. Through its Headmaster. ….Respondents. Writ Petition No.1041/2025
1. Kishor s/o Krushnarao Bokade, Age 53 years, Occ. Service as Assistant Teacher presently working with Swantantryavir Shri Ajabrao Kale Patil Vidyalaya Churni, Tq. Chikhaldara, Dist. Amravati. 2. Pramod s/o Ramraoji Mundane, Age 53 years, Occ.-Service as Assistant Teacher presently working with Swantantryavir Shri Ajabrao Kale Patil Vidyalaya Churni, 2026:BHC-NAG:7605-DB
2 wp 2495.24.odt Tq. Chikhaldara, Dist. Amravati. 3. Smt. Kalpana Shriramji Ingale @ Klapana Nandkumar Garkhade, Age 49 years, Occ.- Service as Assistant Teacher presently working with City High School, Achalpur City, Tq. Achalpur, Dist. Amravati. 4. Premchandra s/o Jangbahadurji Chaudhary, Age 56 years, Occ. Serivce as Assistant Teacher presently working with Girijashankar Vidyalaya and Jr. College Chandikapur, Tq. Daryapur, Dist. Amravati. …. 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, Nagpur Region, Amravati. 4. The Education Officer (Secondary), Zilla Parishad, Amravati. 5. The Superintendent, Pay and Provident Fund Unit, Education Department, Amravati, Dist. Amravati. ….Respondents. Writ Petition No.3916/2025 Mangesh s/o Baburao Thakre, Age 46 years, Occ.-Service as Assistant Professor presently working with D.R.B. Shidhu Mahavidyalaya, Nagpur. …. Petitioner. Versus
1. State of Maharashtra through its Secretary, Finance Department, State of Maharashtra, Mantralaya, Mumbai-32. 2. The Secretary, Higher and Technical Education Department, Mantralaya, Mumbai-32. 3. The Joint Director, Higher Education, Nagpur Region, Nagpur. 4. The Dy. Director of Education, Nagpur Region, Nagpur, Dist. Nagpur. 3 wp 2495.24.odt
5.
The Superintendent, Pay and Provident Fund Unit, Education Department, Nagpur, Dist. Nagpur. …. Respondents. Writ Petition No.5511/2024 Smt. Madhuri Milind Dupte @ Gaidhani, Age 51 years, Occ.-Service as Assistant Teacher (Jr. College), Presently working with Sainath Vidyamandir (High School) and Jr. College, Paragati Nagar, Nagpur-27. …. 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, Nagpur Region, Nagpur Dist. Nagpur. 4. The Education Officer (Secondary), Zilla Parishad, Nagpur, Dist. Nagpur. 5. The Superintendent, Pay and Provident Fund Unit, Education Department, Nagpur, Dist. Nagpur. …. Respondents. Writ Petition No.3374/2019 Smt. Pragati Chunnilal Pachpohar, Aged 45 years, Occ. Service, R/o C/o Adarsha Higher Secondary Vidyalaya, Dawlameti, Tq. and Dist. Nagpur. …. Petitioner. Versus
1. State of Maharashtra through its Secretary, Department of Finance, Mantralaya, Mumbai-32. 2. Deputy Director of Education, Nagpur Division, Nagpur. 3. Superintendent, Pay and General Provident Fund Unit, Nagpur. …. Respondents. Writ Petition No.3375/2019
4 wp 2495.24.odt Babulal s/o Bakaram More, Aged about 51 years, Occ.-Teacher, R/o C/o Adarsha Higher Secondary Vidyalaya, Dawlameti, Tq. and Dist. Nagpur. …. Petitioner. Versus
1. State of Maharashtra through its Secretary, Department of Finance, Mantralaya, Mumbai-32. 2. The Deputy Director of Education, Nagpur Division, Nagpur. 3. The Superintendent, Pay and General Provident Fund Unit, Nagpur. …. Respondents. Writ Petition No.1040/2025
1. Prakash s/o Ramrao Sapkal, Age 59 years, Occ.- Retired as Jr College Teacher (Assistant Teacher), R/o. Sai Nagar, Daryapur, Tq. Daryapur, Dist. Amravati. 2. Pramod /so Motiramji Mendhe, Age 59 years, Occ.Retired as Jr. College Teacher (Assistant teacher), R/o. Navathe Ashish Colony, Sai Nagpur, Amravati, Dist. Amravati. …. 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, Amravati Region, Amravati. 4. The Education Officer (Secondary), Zilla Parishad, Amravati. 5.
The Superintendent, Pay and Provident Fund Unit, Education Department, Amravati, Dist. Amravati. 6. Girijashankar High School & Jr. College Chandikapur, Tq. Daryapur, Dist. Amravati, Through its Principal. …. Respondents. Writ Petition No.2435/2025
5 wp 2495.24.odt Smt. Nanda Wamanrao Mankar @ Kalyani Ajit Dhote, Age 60 years, Occ.-Retired as Jr. College Teacher (Assistant Teacher), R/o. Balaji Plot, Sudampuri, Wardha, Dist. Wardha. …. 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, Nagpur Region, Nagpur, Dist. Nagpur. 4. The Education Officer (Secondary), Zilla Parishad, Wardha. 5. The Superintendent, Pay and Provident Fund Unit, Education Department, Wardha, Dist. Wardha. 6. New English High School and Jr. College, Wardha, Dist. Wardha, Through its Principal. …. Respondents. Writ Petition No.7269/2024 Chunnilal s/o Laxmanrao Pachpohar, Age 57 years Occ.-Service as Junior College Teacher presently working with Sheshrao Kohale High School and Jr. College, Zade layout, Jaitala, Nagpur. …. 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, Nagpur Region, Nagpur Dist. Nagpur. 4. The Education Officer (Secondary), Zilla Parishad, Nagpur, Dist. Nagpur. 5. The Superintendent, Pay and Provident Fund Unit, Education Department, Nagpur, Dist. Nagpur. …. Respondents. 6 wp 2495.24.odt Writ Petitio
n No.570/202
5 Smt. Avita Uddhawrao Deshmukh @ Pooja Rajiv Dalvi, Age 54 years, Occ.-Service as Junior College Teacher presently working with Sheshrao Kohale High School and Jr. College, Zade Layout, Jaitala, Nagpur. …. 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, Nagpur Region, Nagpur Dist. Nagpur. 4. The Education Officer (Secondary), Zilla Parishad, Nagpur, Dist. Nagpur. 5.
The Superintendent, Pay and Provident Fund Unit, Education Department, Nagpur, Dist. Nagpur. …. Respondents. Writ Petition No.3887/2025 Smt. Vanita Janardhan Firke @ Vanita Gajanan Dhandare Age 50 years, Occ.-Service as Assistant Teacher presently working with Prathamik Marathi Amachi Shala, Malkapur, Tq. Malkapur, Dist. Buldhana. …. 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, Amravati Region, Amravati, Dist. Amravati. 4. The Education Officer (Secondary), Zilla Parishad, Buldhana, Dist. Buldhana. 5. The Superintendent, Pay and Provident Fund Unit, Education Department, Zilla Parishad, Buldhana, Dist. Buldhana. 7 wp 2495.24.odt
6. Lokseva Shikshan Bahuuddeshiya Mandal, Malkapur, Tq. Malkapur, Dist.Buldhana-443101 Through its President/Secretary. 7. Prathamik Marathi Amachi Shala, Malkapur, Tq. Malkapur Dist. Buldhana-443101 Through its Headmaster.. …. Respondents. Writ Petition No.2636/2025 Mahadu s/o Rajaram Andhale, Age 59 years, Occ.- Retired as Assistant Teacher, R/o Tulsi Nagar, Sagwan Area, Near New Water Tank, Buldhana, Dist. Buldhana. …. 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, Nagpur Region, Amravati, Dist. Amravati. 4. The Education Officer (Secondary), Zilla Parishad, Buldhana. 5. Sr. Accountant Officer, Indian Audit and Account Departments, Office of Account General, (Accounts and Entitlements), 1, Pension Wing, Old Building, Post Box No.114, GPO, Civil Lines, Nagpur 440001
6. The Superintendent, Pay and Provident Fund Unit, Education Department, Buldhana, Dist Buldhana. 7. Sharad Pawar High School Pangri, Tq. and Dist. Buldhana through its Headmaster. …. Respondents. Writ Petition No.269/2025 Pandhari s/o Bapurao Jambhulkar, Age 56 years, Occ.- Retired as Jr. College Teacher presently working with Sheshrao Kohale High School and Jr. College, Zade Layout, Jaitala, Nagpur …. Petitioner. Versus
8 wp 2495.24.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, Nagpur Region, Nagpur, Dist. Nagpur. 4.
The Education Officer (Secondary), Zilla Parishad, Nagpur. 5. The Superintendent, Pay and Provident Fund Unit, Education Department, Nagpur, Dist. Nagpur. …. Respondents. Writ Petition No.3862/2025 Smt. Chitra Dayalsingh Parihar @ Chitra Virendrasingh Jadhao, Age 54 years, Occ.- Retired as Assistant Teacher presently working with Prathamik Marathi Amachi Shala, Malkapur, Tq. Malkapur, Dist. Buldhana. …. 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, Amravati Region, Amravati, Dist. Amravati
4. The Education Officer (Primary), Zilla Parishad, Buldhana, Dist. Buldhana. 5. The Superintendent (Primary), Pay and Provident Fund Unit, Education Department, Zilla Parishad, Buldhana, Dist. Buldhana. 6. Lokseva Shikshan Bahuuddeshiya Mandal, Malkapur, Tq. Malkapur, Dist.Buldhana-443101 Through its President/Secretary. 7. Prathamik Marathi Amachi Shala, Malkapur, Tq. Malkapur Dist. Buldhana-443101 Through its Headmaster. …. Respondents. Writ Petition No.2515/2025
9 wp 2495.24.odt Smt. Lavina Bhagwan Vaswani @ Sapana Satramdas Motwani Age : 54 years, Occu. Service as Assistant Teacher, presently working with Baba Nanak Sindhi Hindi High School and Junior College, Garaba Maidan, Nagpur 08. …. 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, Nagpur Region, Nagpur Dist. Nagpur. 4. The Education Officer (Secondary), Zilla Parishad, Nagpur, Dist. Nagpur. 5. The Superintendent, Pay and Provident Fund Unit, Education Department, Nagpur, Dist. Nagpur. 6. Sindhi Hindi Vidya Samiti, Gandhibag, Nagpur, Tq. And Dist. Nagpur 440 002 through its President/Secretary
7. Baba Nanak Sindhi Hindi High School & Jr. College, Garba Maidan, Nagpur, Tq. & Dist. Nagpur-08 through its Principle ... Respondents. Writ Petition No.2641/2025 Smt. Pournima Yogesh Baviskar @ Sangita Sheshrao Yende Age : 51 years, Occu. Service as Assistant Teacher, presently working with Baba Nanak Sindhi Hindi High School and Junior College, Garaba Maidan, Nagpur 08. ….
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. 10 wp 2495.24.odt
3. The Deputy Director of Education, Nagpur Region, Nagpur Dist. Nagpur. 4. The Education Officer (Secondary), Zilla Parishad, Nagpur, Dist. Nagpur. 5. The Superintendent, Pay and Provident Fund Unit, Education Department, Nagpur, Dist. Nagpur. ... Respondents. Writ Petition No.2640/2025
1. Smt. Sulochana Madhav Khodake, Age : 59 years, Occu. Retired, R/o Near Civil Court, Ward No.05, Mehkar, Tq. Mehkar, Dist. Buldhana. 2. Smt. Mangal Gopala Khillare, Age : 59 years, Occ. Retired R/o : Indira Nagar, Ward No.16, Mehkar, Tq. Mehkar, Dist. Buldhana
3. Gajanan S/o Haribhau Sadar, Age : 54 years, Occu. Service as Assistant Teacher presently working with Subodha Marathi Uccha Prathamik School, Indira Nagar, Mehkar, Tq. Mehkar, Dist. Buldhana …. 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, Amravati Region, Amravati, Dist. Amravati. 4. The Education Officer (Primary), Zilla Parishad, Buldhana, Dist. Buldhana. 5. The Superintendent, Pay and Provident Fund Unit, Education Department, Buldhana, Dist. Buldhana. 6. Subhodh Marathi Higher Primary School, Indiranagar, Mehkar, Tq. Mehkar, Dist. Buldhana through its Headmaster
... Respondents. 11 wp 2495.24.odt Writ Petition No.1039/2025
1. Nitin S/o Deonath Meshram, Age : 48 years, Occu. Service as Jr. Lecturer (Assistant Teacher) presently working with Bhartiya Krishi Vidyalaya & Jr. College Zingabai Takali, Nagpur -30
2. Smt. Jaya Chandrashekhar Dhawad @ Jaya Gulabrao Khadse, Age : 54 years, Occu. Service as Jr. College Teacher presently working with Pragati Vidyalaya & Smt. Shankuntalabai Deshmukh Jr. College Wadi, Nagpur …. 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, Nagpur Region, Nagpur Dist. Nagpur. 4. The Education Officer (Secondary), Zilla Parishad, Nagpur, Dist. Nagpur. 5. The Superintendent, Pay and Provident Fund Unit, Education Department, Nagpur, Dist. Nagpur. ... Respondents. Writ Petition No.5512/2025 Prakash S/o Madhukarrao Parate, Age : 49 years, Occu. Service as Assistant Teacher (Jr. College) presently working with Sainath Vidyamandir (High School) & Jr. College, Paragati Nagar, Nagpur-27 …. Petitioner. Versus
1. The State of Maharashtra through its Secretary, Finance Department, State of Maharashtra, Mantralaya, Mumbai-32. 12 wp 2495.24.odt
2. The Secretary, School Education and Sports Department, Mantralaya, Mumbai-32. 3. The Deputy Director of Education, Nagpur Region, Nagpur Dist. Nagpur. 4. The Education Officer (Secondary), Zilla Parishad, Nagpur, Dist. Nagpur. 5. The Superintendent, Pay and Provident Fund Unit, Education Department, Nagpur, Dist. Nagpur. ... Respondents. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr A.G. Ambatkar, Mr. K.S. Malokar, Advocates for petitioner. Mr. N.R. Patil, AGP for respondent-State. Mr. Sk. Majid, Ajay Kanawade, Ram Karode, Advocate for respondents. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
CORAM : Anil L. Pansare and Rajnish R. Vyas, JJ.
DATE : 11-06-2026. Oral Judgment (Per- Anil L. Pansare, J.) The issue involved in these petitions is identical and accordingly the petitions are taken up for disposal by a common
judgment. For the sake of convenience, we will refer to the facts of Writ Petition No. 1040/2020. The challenge is to the order passed by Respondent No. 5, whereby the benefit of the Old Pension Scheme has been denied to the petitioners on the ground that though the petitioners were appointed prior to the cut-off date, i.e., 31.10.2005, the divisions to which the petitioners were appointed were subsequently brought under 100% grant-in-aid. 2. The learned Counsel for petitioner has invited our attention to the judgment dated 25-02-2026 passed by the Division Bench at Aurangabad in Dattatraya Patingrao Borse vs State of Maharashtra and others in Writ Petition No.8558/2022 with connected petitions, wherein an identical issue was considered in the following terms:
“ 7) Heard the parties. The issue whether the employees who worked on an unaided division in November 2005 of an
13 wp 2495.24.odt 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 as noted above. 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. 2796/2024 (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. 8) Although large number of judgments are being delivered on the subject by this Court and all the contentions of the AGP as raised are already rejected, the respondent/authorities represented through AGP have raised similar pleas in these matters. The argument of the learned AGP that there is no representation made to the statutory authority claim the old pension scheme and there is no statutory duty caste upon the respondents to grant such relief is a frivilous objection and is rejected, as the retiral benefits of employee who has rendered services cannot be withheld by the authorities. It is the duty cast upon the respondent to give the employee all the retiral benefits.
The liability to give all retiral benefits rests upon the authority and they cannot resist the same on the ground that there is no application to that effect. The Hon'ble Supreme Court in the case of S.K. Dua V State of Haryana and Ors. reported in AIR 2008 SC 1077 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. Although the law on the issue of entitlement of pension is settled by this Court, the respondents/authorities are contesting the entitlement of the petitioners to receive pensionunder old pension scheme. In these situation, we cannot direct the petitioners to approach the respondents/authorities without declaring their eligibility for the same. 9) The law as declared in the above judgments is that the
14 wp 2495.24.odt employees similarly placed to the petitioners are entitled to old pension scheme who are appointed prior to 1.11.2005 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. In this view of the matter the frivolous opposition by the respondent authorities who are represented by the learned AGP needs to be rejected with cost of Rs.10,000/- to be paid by the respondent authorities represented by AGP within a period of four weeks from today. Considering the same, we deem it appropriate to grant the declaration as prayed by petitioners in this bunch of the petitions and also grant relief as granted in other identical Writ Petition No. 4532/2023 and other connected matters cited supra. Hence, the following order :-”
3.
Thus, the Division Bench held that the employees similarly situated to the petitioners therein, who were appointed prior to the cut- off date and whose division was brought under the 100% grant-in-aid scheme subsequent to the cut-off date, are entitled to the benefit of the Old Pension Scheme, similar to those who were appointed prior to the cut-off date in 100% aided schools. The only rider is that the employees ought not to have applied for the DCPS Scheme. In the present case, when inquired learned Counsel for the petitioners makes a statement that none of the petitioners have applied for the DCPS Scheme. The statement is accepted. In that view of the matter and for the reasons noted by Division Bench at Aurangabad, we are inclined to allow the petitions. 4. Learned AGP submits that the issue involved is pending before the Hon’ble Supreme Court in the case of Pradip Madhorao Mahalle and others vs State of Maharashtra, through its Secretary Finance Department and others, Civil Appeal No(s). 9512/2018 and therefore matter may be adjourned sine die. This plea cannot be accepted. In Dattatraya Patingrao Borse’s case, similar such plea was taken but was declared by the Division Bench in paragraph 7 of the judgment, which we have reproduced above. 15 wp 2495.24.odt
5. Accordingly, the petitions are allowed. 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. 6. 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 DCPS, such amount shall be refunded to the petitioners within a period of four weeks from the receipt of this order. 7.
The respondents shall allot the General Provident fund Account (GPF Account) to the petitioners and thereafter, permit the 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. 8. The Management is directed to submit the pension proposal as regards to the eligible retired employees and to take necessary steps thereof. 9. Rule is made absolute in above terms. Judge Judge Deshmukh