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2026 DAILYLAW 10158 (BOM)

SHUBHANGI CHANDRAKANT JOSHI v. THE STATE OF MAHARASHTRA THR ITS SECRETARY AND OTHERS

WP/12136/2026 · 2026-09-16

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Judgment text

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*1* 31-wp-12136-2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 31 WRIT PETITION NO. 12136 OF 2026 Shubhangi Chandrakant Joshi VERSUS The State Of Maharashtra Through Its Secretary And Others ... Mr. Arvind G. Ambetkar, Advocate for the Petitioner Mr. N. D. Batule, AGP for Respondents/State … AND 59 WRIT PETITION NO. 12166 OF 2026 Vaishali Ramchandra Naik VERSUS The State Of Maharashtra Through Its Secretary And Others ... Mr. Arvind G. Ambetkar, Advocate for the Petitioner Mr. V. M. Kagne, AGP for Respondents/State … CORAM : NITIN B. SURYAWANSHI & ABASAHEB D. SHINDE, JJ. DATE : 16th SEPTEMBER 2026 P. C. :- 1. The issue raised in these petitions is squarely covered by the decision of this Court in Writ Petition No.9865 /2023. 2. For the reasons stated in the said order, Writ Petitions are allowed in terms of prayer clauses ‘B’, ‘C’ and ‘D’, which read thus :- “B) By issuing a Writ of Mandamus or any other writ, order or directions in the like nature, this Hon'ble Court may kindly be pleased to hold and declare that, the petitioner is governed under the Old Pension Scheme i.e. Maharashtra Civil Services (Pension) Rules, 1982 Narwade *2* 31-wp-12136-2026 and Maharashtra Civil Services (Commutation of Pension) Rules, 1984 and General Provident Fund, which are applicable to the Assistant Teachers, who are appointed prior to 01/11/2005. C) By issuing a Writ of Mandamus or any other writ, order or directions in the like nature this Hon'ble Court may kindly be pleased to direct the respondents to extend/release the benefits under the old pension scheme to the petitioner and shall not deduct any amount from the salary of the petitioner by applying the Defined Contribution Pension Scheme (DCPS) or National Pension Scheme (NPS). D) By issuing a Writ of Mandamus or any other writ, order or directions in the like nature this Hon'ble Court may kindly be pleased to direct the respondents to refund the deducted amount of the petitioner with interest by applying the DCPS or NPS by respondents, within a period of four weeks.” (ABASAHEB D. SHINDE, J.) (NITIN B. SURYAWANSHI, J.) Narwade