High Court at Aurangabad (Bombay) dismissed a writ petition by an employee claiming entitlement under the Old Pension Scheme. The Bench held the scheme applied only if joined on 100% grant-in-aid by 01-01-2005, citing a Full Bench judgment.
no relief can be granted to the petitioner.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
957 Writ Petition No.11576 Of 2021
Chandrakant Dattatraya Suryawanshi .. Petitioner
Versus
The State of Maharashtra and Others
.. Respondents
Mr Estling S Murge, Advocate for the Petitioner
Mr P.K. Lakhotiya, AGP for the respondent – State
DATE : 14-10-2021
PER COURT :
1.Mr Murge, learned Counsel for the petitioner submits that the
petitioner was appointed in the year 2001. The petitioner would be
governed by the Old Pension Scheme and not by the DCPS. The
learned Counsel submits that this aspect has not been considered
while negativing the claim of the petitioner.
2. The learned Counsel for the petitioner does not dispute that
the petitioner was brought on 100% grant-in-aid post on 01-03-2009.
3. In view of the Judgment of the Full Bench of this Court in the
case of Deshmukh Dilipkumar Bhagwan and Ors. Vs. State of
Maharashtra and Ors., reported in 2019 (3) Mh.L.J. 903, the old
Gajanan
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pension scheme would apply if the person is on 100% grant-in-aid on
or before 01-11-2005.
4. In view of that, no relief can be granted to the petitioner.
5. Writ Petition is disposed of. No costs.
( R. N. LADDHA ) ( S. V. GANGAPURWALA )
JUDGE JUDGE
...
Gajanan
1 issue framed by the court
Whether the petitioner governing the Old Pension Scheme is entitled to relief despite joining on a 100% grant-in-aid post after 01-03-2009.
Colour shows how this judgement treated each authority
Deshmukh Dilipkumar Bhagwan and Ors. Vs. State of Maharashtra and Ors.Followed¶3
2019 (3) Mh.L.J. 903 · Who else cites this
Chandrakant Dattatraya Suryawanshi
The State of Maharashtra
R. N. Laddha
S. V. Gangapurwala
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court