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Smt. Anuradha Pramod Kale @ Anuradha Ashokrao Sagane v. the State of Maharashtra, Thr. Secretary, Finance Dept., State of Maha., Mumbai and Others

Bombay HC11 Jan 2023WP/327/2023

Case brief

AI extract

What is this about?

This petition seeks a declaration that the petitioner, appointed on a grant-in-aid teaching post before November 1, 2005, falls under the old pension scheme. The High Court directed the Deputy Director of Education to verify facts regarding pension applicability and waive NPS/DCPS deductions if the old scheme applies.

What did the court decide?

Petitioner to appear before Deputy Director of Education for verification; if governed by old scheme, directions to cease NPS/DCPS deductions and open GPF account within four weeks.

Smt. Anuradha Pramod Kale @ Anuradha Ashokrao… — Pension and Retirement Benefits | Bombay HC (2023)

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1 26-WP-327-2023.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR

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WRIT PETITION NO. 327 OF 2023

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(Smt. Anuradha Pramod Kale @ Anuradha Ashokrao Sagane Vs. The State of Maharashtra & Ors.)

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Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

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Shri Ketan D. Pote h/f Shri A.G. Ambetkar, Advocate for the petitioner. Ms. S.S. Jachak, Assistant Government Pleader for the respondents/ State.

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CORAM : A. S. CHANDURKAR AND MRS. VRUSHALI V. JOSHI, JJ. D ATE : JANUARY 11, 2023

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The petitioner claims to have been appointed on partially grant-in-aid teaching post prior to 01/11/2005. The petitioner claims a declaration as regards applicability of the old pension scheme to receive admissible benefits on the ground that the respective Institution was receiving 100% grant-in-aid.

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The learned Counsel for the petitioner rely upon the judgment delivered by this Court at Principal Seat dated 01/10/2021 in Writ Petition No. 4748/ 2019 (Nilesh s/o Namdev Gurav and ors. Vs. The State of Maharashtra and ors.) with connected matters and the judgment and order dated 11/04/2022 in Writ Petition No. 8990/2021 (Smt. Manasi Sudhir Mane Vs. The State of Maharashtra and ors.) with connected Writ Petitions.

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In light of the above and for the reasons recorded in the aforesaid judgments, we are inclined to pass a similar order as follows:-

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(i) The case of the petitioner is relegated to the Deputy Director of Education for taking appropriate decision depending upon the outcome of verification and the facts governing the case of the petitioner.

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(ii) The Deputy Director of Education is directed to decide the case of the petitioner regarding applicability of the old pension scheme as per the Maharashtra Civil Services (Pension) Rules, 1982, the Maharashtra Civil Services (Computation of Pensions) Rules, 1984 and the General Provident Fund Scheme by keeping in view the law laid down by this Court in its various judgments referred to above.

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(iii) If it is so found by the Deputy Director of Education that the petitioner is governed by the old pension scheme, he shall issue necessary

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2 26-WP-327-2023.odt

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directions to not deduct any amount from the salary payable to the petitioner governed by the old pension scheme for the purpose of its applying to DCPS or NPS and shall also issue necessary directions for refunding of these amounts to the petitioner from the salary if the same is deducted within four weeks of the date on which such determination is made.

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(iv) In case it is found that the petitioner is governed by the old pension scheme, necessary directions shall be issued by the Deputy Director of Education to open GPF account in the name of the petitioner within four weeks from the date on which her eligibility is determined.

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(v) The petitioner to appear before the Deputy Director of Education on 30/1/2023 to enable consideration of the aforesaid.

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The Writ Petition is disposed of accordingly. No costs.

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(MRS. VRUSHALI V. JOSHI, J.) (A. S. CHANDURKAR, J.)

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SUMIT

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Digitally signed bySUMIT CHETAN AGRAWAL Signing Date:12.01.2023 17:52

Smt. Anuradha Pramod Kale @ Anuradha Ashokrao Sagane v. the State of Maharashtra, Thr. Secretary, Finance Dept., State of Maha., Mumbai and Others

Case brief

What is this about?

What did the court decide?

Smt. Anuradha Pramod Kale @ Anuradha Ashokrao Sagane v. the State of Maharashtra, Thr. Secretary, Finance Dept., State of Maha., Mumbai and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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Coram

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