Santosh G. Ghag vs State of Maharashtra — Bombay HC (2025) — LawSathi Research

Santosh G. Ghag vs State of Maharashtra — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petition disposed with directions: Respondent No.4 to forward a proposal, complete in all respects, taking into account the Petitioner's entire service (appointed Lecturer at SNDT College on 7th July 1994; joined Respondent No.4 College on 11th June 2007) — Respondent Nos.4/5's counsel undertook to prepare and file it with Respondent No.3 within 60 days; Respondent No.3 to consider the applicable law (including the four cited judgments of this Court) and decide on its own merits, completing the exercise within 60 days; pension payment to commence if the proposal is accepted; any rejection to be supported with reasons, with the Petitioner free to assail it before the appropriate forum; all contentions, including the State's affidavit-in-reply contentions, kept open.

Issue for consideration

Whether the Petitioner, appointed as Lecturer at SNDT College on 7th July 1994 and serving in Respondent No.4 College since 11th June 2007, is entitled to the Old Pension Scheme in light of clause 2(ii)(d) of the Government Resolution dated 21st July 1983, rather than the DCPS.

Court's answer

Respondent No.4 is directed to forward a proposal, complete in all respects, taking into account the entire service of the Petitioner since his appointment as Lecturer at SNDT College on 7th July 1994 and his subsequent joining of Respondent No.4 College on 11th June 2007.

Ratio / Principle

On receipt of the proposal, Respondent No.3 shall consider the law applicable — inasmuch as the judgments of this Court dated 16th April 2019 (Writ Petition (stamp) No.9011 of 2017), 22nd October 2021 (Writ Petition No.1812 of 2017), 29th March 2023 (Writ Petition No.5357 of 2022) and 10th April 2023 (Writ Petition (lodging) No.28949 of 2022) — while deciding the matter on its own merits; the exercise to be completed within a period of 60 days from today.

Key takeaways

If the proposal is accepted, payment of pension shall commence; if the proposal is rejected, the decision must be supported with reasons for rejection, and the Petitioner shall thereafter be at liberty to assail the same before the appropriate forum.ratio¶30
All contentions of the parties are kept open, including the contentions of the State Government set out in its affidavit in reply; the OPS-versus-DCPS entitlement question was not finally adjudicated by this Court.ratio¶31

Detailed headnote1 paragraphs

Bombay High Court (Ordinary Original Civil Jurisdiction), Writ Petition No.1083 of 2024 — Santosh G. Ghag v. State of Maharashtra and Ors. — Coram: Ravindra V. Ghuge & Ashwin D. Bhobe, JJ. — Decided 25th September 2025 (P.C.). Listed in the Special Pension Category Board; Respondent No.4 had not forwarded the Petitioner's proposal for sanctioning the DCPS. Petitioner's counsel contended entitlement to the Old Pension Scheme per clause 2(ii)(d) of the Government Resolution dated 21st July 1983 (Education and Employment Department) extending the Pension-cum-Gratuity Scheme to teaching and non-teaching staff of non-Agricultural Universities and affiliated non-Government Colleges. Held/directed: Respondent No.4 to forward a proposal complete in all respects accounting the Petitioner's entire service since appointment as Lecturer at SNDT College on 7th July 1994 and joining Respondent No.4 College on 11th June 2007 (counsel for Respondent Nos.4/5 undertook filing with Respondent No.3 within 60 days); Respondent No.3 to consider the applicable law, including this Court's judgments dated 16th April 2019 (Writ Petition (stamp) No.9011 of 2017), 22nd October 2021 (Writ Petition No.1812 of 2017), 29th March 2023 (Writ Petition No.5357 of 2022) and 10th April 2023 (Writ Petition (lodging) No.28949 of 2022), and decide on its own merits within 60 days. Pension to commence on acceptance; rejection to carry reasons, with liberty to assail before the appropriate forum. All contentions, including the State's affidavit-in-reply contentions, kept open; petition disposed.