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2026 DAILYLAW 10638 (BOM)

SANDEEP DADASAHEB PERANE v. THE STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS

WP/12030/2026 · 2026-09-15

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Judgment text

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{1} 51-wp-12030-2026 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD 51 WRIT PETITION NO. 12030 OF 2026 Sandeep Dadasaheb Perane VERSUS The State Of Maharashtra And Others ... Mr. Arvind Gopalrao Ambetkar, Advocate for the Petitioner Mr. S.R. Wakle, AGP for State ....... CORAM : NITIN B. SURYAWANSHI AND ABASAHEB D. SHINDE, JJ. DATE : 15th SEPTEMBER, 2026 PER COURT : 1. Indisputably, the issue raised in this petition is squarely covered by the decision of this Court in the case of Vijay S. Shedage (Dr.) vs. State of Maharashtra, 2026 DGLS (Bom.) 2043. 2. For the reasons stated in the said order, the writ petition is allowed in terms of prayer clause ‘B’, ‘C’, ‘D’ and ‘E’, which are as follows: “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 petitioners are governed under the Old Pension Scheme i.e. Maharashtra Civil Services (Pension) Rules, 1982 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. 2026:BHC-AUG:42640-DB {2} 51-wp-12030-2026 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 consider/count the Part-Time service with Full-Time service of the petitioner for receive benefit under Old Pension Scheme, which is/ was spend by the petitioner with school/ college before and after cutoff date i.e. 31st October, 2005. 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 be pleased to direct the respondents to extend the pensionary benefits as admissible under the Maharashtra Civil Services (Pension) Rules, 1982 and Maharashtra Civil Services (Commutation of Pension) Rules, 1984. E) 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 allot the General Provident Fund Account (GPF Account) to the petitioner and thereafter, the Educational Institution to deduct the amount of monthly compensation/installment from the monthly salary of the petitioner and deposit the same in the said GPF account.” 3. If the petitioner is found entitled for the amounts deducted by the respondents, the shall be refunded to the petitioner. (ABASAHEB D. SHINDE, J.) (NITIN B. SURYAWANSHI, J.) Bhagyawant Punde