Disposed

Ramu Mohanlal Chute v. State of Maharashtra, Thr. Secretary, Department of Finance, Mumbai and Others

Bombay HC17 Aug 2023WP/4996/2023

Case brief

AI extract

What is this about?

An aided Assistant Teacher sought a declaration that the old pension scheme applies to him. The court referred the case to the Deputy Director of Education to verify eligibility and decide applicability of the old scheme or open a GPF account under new guidelines.

What did the court decide?

The petitioner was relegated to the Deputy Director of Education to decide on the applicability of the old pension scheme and obtain necessary directions regarding salary deduction and GPF accounts.

Ramu Mohanlal Chute Vs State of Maharashtra… — Pension and Retirement Benefits | Bombay HC (2023)

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2023:BHC-NAG:12330-DB

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1 7.wp.4996.23.odt

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

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WRIT PETITION NO. 4996 /2023

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Ramu Mohanlal Chute Vs. State of Maharashtra and Ors.

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

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Mr. H. M. Bobade, Advocate for Petitioner.

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Mr. S. S. Jachak, Assistant Government Pleader for Respondent Nos.1 to 4.

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CORAM : A.S.CHANDURKAR AND MRS.VRUSHALI V. JOSHI,JJ.. DATED : 17.08.2023

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P. C.

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. Rule . Rule made returnable forthwith and heard the learned Counsel for the parties.

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The petitioner claims to have been appointed on an aided post as full time Assistant Teacher prior to 01/11/2005. The petitioner claims a declaration as regards applicability of the old pension scheme to receive such benefits.

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Learned Counsel for the petitioner relies upon the judgment delivered by this Court at Principal Seat dated 01/10/2021 in the Writ Petition No. 4748 of 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 of 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

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2 7.wp.4996.23.odt

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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 Respondent No. 3 – 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) Respondent No.3 – Deputy Director of Education is directed to decide the case of the petitioner regarding applicability of the old pension scheme as per Maharashtra Civil Services (Pension) Rules, 1982 and Maharashtra Civil Services (Computation of Pensions) Rules1984 and General Provident Fund Scheme by keeping in view 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 old pension scheme, he shall issue necessary directions to not deduct any amount from the salary payable to such petitioner governed by the old pension scheme for the purpose of its applying to the 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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3 7.wp.4996.23.odt

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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 respective petitioner within four weeks of the date on which his eligibility is determined.

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(v) The petitioner to appear before the Respondent No.3 - Deputy Director of Education on 22/08/2023.

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Rule made absolute in the aforesaid directions with no order as to costs.

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( MRS.VRUSHALI V. JOSHI , J.)

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(A.S.CHANDURKAR, J.)

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RGurnule

Ramu Mohanlal Chute v. State of Maharashtra, Thr. Secretary, Department of Finance, Mumbai and Others

Case brief

What is this about?

What did the court decide?

Ramu Mohanlal Chute v. State of Maharashtra, Thr. Secretary, Department of Finance, Mumbai and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

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