Mrs Dr Manisha Bharat Salunkhe v. 1. Shri Mahesh J Chothe
Case brief
What is this about?
Old Pension Scheme (OPS) vs Defined Contributory Pension Scheme (DCPS)/NPS; Maharashtra aided school and junior college employees appointed before 1-11-2005; G.R./Government Resolution 31-10-2005; Rule 19 MEPS Rules; Maharashtra Civil Services (Pension) Rules, 1982; Maharashtra Civil Services (Communication of Pension) Rules, 1984; BMC Pension Rules, 1953 clause 5(ii); Full Bench Deshmukh Dilipkumar Bhagwan 2019(3) Mh.L.J. 903; Nilesh Namdev Gurav (W.P.4748/2019, 1-10-2021); Deputy Director of Education scrutiny and reasoned orders; Accountant General; Bombay High Court directions dated 27-02-2025.
What did the court decide?
All petitions disposed of with directions: proposals of petitioners and similarly placed non-litigating employees to be routed through Education Officers/Junior College managements to the respective Deputy Directors of Education within 45 days; scrutiny preferably by 30th September, 2025; individual reasoned orders with priority to retirees; Deputy Directors to follow Deshmukh Dilipkumar Bhagwan (Full Bench) and Nilesh Namdev Gurav pending Supreme Court decision; expeditious pension processing for successful retirees with the Accountant General barred from treating cleared candidates as ineligible; liberty to pursue legal remedies against adverse decisions; pending Interim Applications disposed of.