JUDGMENT : (Per Smt. Vibha Kankanwadi, J.) 1. 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 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 Nos. Name of Petitioner Date of First Appointment & (Approval) & Post Date of Full Time (Approval) & Post 100% Grant Received in Year School/College Name WP/5849/2024 Bhagwan Vitthalrao Wakde Vs. The State of Maharashtra & Ors. 02.07.1999 (Full-Time Assistant Teacher) (Non grant-in- aid divisions of Jr. College) 2006-2007 (Full-Time Jr. Lecturer) (100% grant-in-aid divisions of Jr. College) Retired on 31.01.2024 1995-1996 Renuka Secondary & Higher Secondary School Mantha, Tq. Mantha, Dist. Jalna WP/5859/2024 Shaikh Ayesha Parveen Shaikh Allaoddin Vs. The State of Maharashtra & Ors. 15.06.2001 (Full-Time Assistant Teacher) (Non grant-in-aid divisions of school) 2014-2015 (Full-Time Assistant Teacher) (100% grant-in-aid divisions of school) (Retired on 30.06.2022) 1996 Bilal Primary School Hamalwadi, Tq. Parli Vaijnath, Dist. Beed. WP/9090/2025 Minakshi Tryambak Nemade @ Minakshi Vasudeo Hole Vs. The State of Maharashtra & Ors. Jalna WP/5859/2024 Shaikh Ayesha Parveen Shaikh Allaoddin Vs. The State of Maharashtra & Ors. 15.06.2001 (Full-Time Assistant Teacher) (Non grant-in-aid divisions of school) 2014-2015 (Full-Time Assistant Teacher) (100% grant-in-aid divisions of school) (Retired on 30.06.2022) 1996 Bilal Primary School Hamalwadi, Tq. Parli Vaijnath, Dist. Beed. WP/9090/2025 Minakshi Tryambak Nemade @ Minakshi Vasudeo Hole Vs. The State of Maharashtra & Ors. 01.07.1999 (Full-Time Assistant Teacher) (100% grant-in-aid divisions of XI class of school) (Non grant-in-aid divisions of XII class of school) 2007-2008 (Full-Time Assistant Teacher) (100% grant-in-aid divisions of XI & XII class of school) 1945 (School) 1983-1984 (Jr. College) N. H. Ranka High School & Jr. College Bodwad, Tq. Bodwad, Dist. Jalgaon. WP/9085/2025 Mahendra Bhaurao Pandit Vs. The State of Maharashtra & Ors. 01.07.1999 (Full-Time Assistant Teacher) (100% grant-in-aid divisions of XI class of school) (Non grant-in-aid divisions of XII class of school) 2007-2008 (Full-Time Assistant Teacher) (100% grant-in-aid divisions of XI & XII class of school) 1945 (School) 1983-1984 (Jr. College) N. H. Ranka High School & Jr. College Bodwad, Tq. Bodwad, Dist. Jalgaon. WP/9070/2025 Anil Tukaram Dandade Vs. The State of Maharashtra & Ors. 14.06.2003 (Full-Time Assistant Teacher) (100% grant-in-aid divisions of XI class of school) (Non grant-in-aid divisions of XII class of school) 2007-2008 (Full-Time Assistant Teacher) (100% grant-in-aid divisions of XI & XII class of school) 1945 (School) 1983-1984 (Jr. College) N. H. Ranka High School & Jr. College Bodwad, Tq. Bodwad, Dist. Jalgaon. WP/9087/2025 Dnyaneshwar Jagnnath Chikte Vs. The State of Maharashtra & Ors. 01.07.1999 (Full-Time Assistant Teacher) (100% grant-in-aid divisions of XI class of school) (Non grant-in-aid divisions of XII class of school) 2007-2008 (Full-Time Assistant Teacher) (100% grant-in-aid divisions of XI & XII class of school) 1945 (School) 1983-1984 (Jr. College) N. H. Ranka High School & Jr. College Bodwad, Tq. Bodwad, Dist. Jalgaon. WP/9068/2025 Parag Ramchandra Joshi Vs. The State of Maharashtra & Ors. 01.07.1999 (Full-Time Assistant Teacher) (100% grant-in-aid divisions of XI class of school) (Non grant-in-aid divisions of XII class of school) 2007-2008 (Full-Time Assistant Teacher) (100% grant-in-aid divisions of XI & XII class of school) 1945 (School) 1983-1984 (Jr. College) N. H. Ranka High School & Jr. College Bodwad, Tq. Bodwad, Dist. Jalgaon. WP/12172/2025 Vidya Kishanrao Thorat Vs. The State of Maharashtra & Ors. College) N. H. Ranka High School & Jr. College Bodwad, Tq. Bodwad, Dist. Jalgaon. WP/12172/2025 Vidya Kishanrao Thorat Vs. The State of Maharashtra & Ors. 01.07.2001 (Full-Time Assistant Teacher) (Non grant-in-aid divisions of 100% grant-in-aid school) 2008-2009 (Full-Time Assistant Teacher) (100% grant-in-aid divisions of school) 1998-1999 Mahatma Kabir Vidyalaya Sahyognagar, Nanded, Tq. And Dist. Nanded WP/13319/2024 Bhagwat Laxman Palhal Vs. The State of Maharashtra & Ors. 05.11.2003 (Full-Time Assistant Teacher) (Non grant-in-aid divisions of school) March 2010 (18.09.2010) (Full-Time Assistant Teacher) (100% grant-in-aid divisions of school) 2005 Chhatrapati Shivaji Madhyamik Vidyalaya Banshendra, Tq. Kannad, Dist. Chh. Sambhajinagar WP/13300/2024 Jagmohan Totaram Mundwadkar Vs. The State of Maharashtra & Ors. 14.06.2005 (Full-Time Assistant Teacher) (Non grant-in-aid divisions of school) March 2010 (18.09.2010) (Full-Time Assistant Teacher) (100% grant-in-aid divisions of school) 2005 Karmaveer Kakasaheb Deshmukh Vidyalaya, Tq. Kannad, Dist. Chh. Sambhajinagar WP/13315/2024 Smt. Ratnamala Vishwanath Hatkar Vs. The State of Maharashtra & Ors. 03.11.2003 (Full-Time Assistant Teacher) (Non grant-in-aid divisions of school) March 2009 (08.09.2009) (Full-Time Assistant Teacher) (100% grant-in-aid divisions of school) 2005 Chhatrapati Shivaji Madhyamik Vidyalaya, Banshendra, Tq. Kannad, Dist. Chh. Sambhajinagar WP/13320/2024 Raju Eknath Gavali Vs. The State of Maharashtra & Ors. 14.06.2002 (Full-Time Assistant Teacher) Non grant-in-aid divisions of school) March 2009 (08.09.2009) (Full-Time Assistant Teacher) (100% grant-in-aid divisions of school) 2005 Chhatrapati Shivaji Madhyamik Vidyalaya, Banshendra, Tq. Kannad, Dist. Chh. Sambhajinagar WP/13316/2024 Ashok Vitthalrao Wahatule Vs. The State of Maharashtra & Ors. 16.12.2004 (Full-Time Assistant Teacher) (Non grant-in-aid divisions of school) March 2009 (01.03.2009) (Full-Time Assistant Teacher) (100% grant-in-aid divisions of school) 1995 Champavati Kanya Vidyalaya Chapner, Tq. Kannad, Dist. Chh. Sambhajinagar WP/13318/2024 Sunil Sampatrao Chavan Vs. The State of Maharashtra & Ors. 01.08.2001 (Full-Time Assistant Teacher) (Non grant-in-aid divisions of school) March 2008 (01.03.2008) (Full-Time Assistant Teacher) (100% grant-in-aid divisions of school) 1995 Champavati Kanya Vidyalaya Chapner, Tq. Kannad, Dist. Chh. Sambhajinagar WP/13321/2024 Sunil Shriram Sakhare Vs. The State of Maharashtra & Ors. 16.12.2004 (Full-Time Assistant Teacher) (Non grant-in-aid divisions of school) March 2009 (01.03.2009) (Full-Time Assistant Teacher) (100% grant-in-aid divisions of school) 1995 Champavati Kanya Vidyalaya Chapner, Tq. Kannad, Dist. Chh. Sambhajinagar WP/13637/2024 Sopan Krishnarao Kale Vs. The State of Maharashtra & Ors. 22.06.2004 (Full-Time Assistant Teacher) (Non grant-in-aid divisions of school) 2014-2015 (05.09.2014) (Full-Time Assistant Teacher) (100% grant-in-aid divisions of school) 1999 Sane Guruji Primary School Kannad, Tq. Kannad, Dist. Chh. Sambhajinagar WP/13314/2024 Ganeshshing Shivaji Nikam Vs. The State of Maharashtra & Ors. Kannad, Dist. Chh. Sambhajinagar WP/13637/2024 Sopan Krishnarao Kale Vs. The State of Maharashtra & Ors. 22.06.2004 (Full-Time Assistant Teacher) (Non grant-in-aid divisions of school) 2014-2015 (05.09.2014) (Full-Time Assistant Teacher) (100% grant-in-aid divisions of school) 1999 Sane Guruji Primary School Kannad, Tq. Kannad, Dist. Chh. Sambhajinagar WP/13314/2024 Ganeshshing Shivaji Nikam Vs. The State of Maharashtra & Ors. 14.06.2005 (Full-Time Assistant Teacher) (Non grant-in-aid divisions of school) 2014-2015 (05.09.2014) (Full-Time Assistant Teacher) (100% grant-in-aid divisions of school 1999 Sane Guruji Primary School Kannad, Tq. Kannad, Dist. Chh. Sambhajinagar WP/5860/2024 Babasaheb Asaram Aute Vs. The State of Maharashtra & Ors. 19.06.2000 (Full-Time Assistant Teacher( (Non grant-in-aid divisions of school) 2008-2009 (Full-Time Assistant Teacher) (100% grant-in-aid divisions of school) 1993-1994 Macchindranath Vidyalaya Sawargaon Ghat, Tq. Ashti, Dist. Beed. WP/5852/2024 Archana Umaji Kakade Vs. The State of Maharashtra & Ors. 21.06.2003 (Full-Time Assistant Teacher) (Non grant-in-aid divisions of school) 2012-2013 (Full-Time Assistant Teacher) (100% grant-in-aid divisions of school) 1996-1997 Macchindranath Vidyalaya Sawargaon Ghat, Tq. Ashti, Dist. Beed. WP/5856/2024 Balaji Govindrao Wankhede Vs. The State of Maharashtra & Ors. 19.07.2002 (Full-Time Assistant Teacher) (Partially grant-in-aid divisions of Jr. College) 2008-2009 (Full-Time Assistant Teacher) (100% grant-in-aid divisions of Jr. College) 1965 (High School) 1993-1994 (Jr. College) Adarsh Secondary & Higher Secondary School Manatha, Tq. Hadgaon, Dist. Nanded WP/5854/2024 Babasaheb Hausrao Mhaske Vs. The State of Maharashtra & Ors. 12.12.2003 (Full-Time Assistant Teacher) (Non grant-in-aid divisions of school) 2011-2012 (Full-Time Assistant Teacher) (100% grant-in-aid divisions of school) 1996-1997 Macchindranath Vidyalaya Sawargaon Ghat, Tq. Ashti, Dist. Beed. WP/13616/2024 Wahed Fakira Patel Vs. The State of Maharashtra & Ors. 17.06.2002 (Full-Time Jr. Lecturer) (Non grant-in-aid divisions of Jr. College) 2008-2009 (29.12.2009) (Full-Time Jr. Lecturer) (100% grant-in-aid divisions of Jr. College Retired on 31.03.2024 1995 Siddhartha Arts, Commerce & Science College, Jafrabad, Tq. Jafrabad, Dist. Jalna WP/5857/2024 Sharad Muralidhar Vidhate Vs. The State of Maharashtra & Ors. 20.06.2005 (Full-Time Assistant Teacher) (Non grant-in-aid divisions of school) 2010-2011 (Full-Time Assistant Teacher) (100% grant-in-aid divisions of school) 1996-1997 Macchindranath Vidyalaya Sawargaon Ghat, Tq. Ashti, Dist. Beed. WP/5850/2024 Sangita Manikrao Mundhe Vs. The State of Maharashtra & Ors. 12.07.2000 (Full-Time Assistant Teacher) (Partially grant-in-aid divisions of Jr. College) 2008-2009 (Full-Time Assistant Teacher) (100% grant-in-aid divisions of Jr. College) 1965 (High School) 1993-1994 (Jr. College) Adarsh Secondary & Higher Secondary School Manatha, Tq. Hadgaon, Dist. Nanded. WP/5853/2024 Surendrakumar Ramrao Potdar Vs. The State of Maharashtra & Ors. Beed. WP/5850/2024 Sangita Manikrao Mundhe Vs. The State of Maharashtra & Ors. 12.07.2000 (Full-Time Assistant Teacher) (Partially grant-in-aid divisions of Jr. College) 2008-2009 (Full-Time Assistant Teacher) (100% grant-in-aid divisions of Jr. College) 1965 (High School) 1993-1994 (Jr. College) Adarsh Secondary & Higher Secondary School Manatha, Tq. Hadgaon, Dist. Nanded. WP/5853/2024 Surendrakumar Ramrao Potdar Vs. The State of Maharashtra & Ors. 01.07.2002 (Full-Time Assistant Teacher) (Partially grant-in-aid divisions of Jr. College) 2008-2009 (Full-Time Assistant Teacher) (100% grant-in-aid divisions of Jr. College) 1965 (High School) 1993-1994 (Jr. College) Adarsh Secondary & Higher Secondary School Manatha, Tq. Hadgaon, Dist. Nanded. WP/2850/2025 Ramesh Trimbakrao Gavande Vs. The State of Maharashtra & Ors. 08.07.2022 (Full-Time Jr. College Teacher) (Non grant-in-aid divisions of school) 16.06.2008 (Full-Time Jr. College Teacher) (100% grant-in-aid divisions of school) 08.07.1982 Shri Rajeshwar Arts, Commerce and Science Jr. College, Bhokardan, Dist. Jalna. 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. 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 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. 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 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. 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 1 st 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 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.