Snehlata Rajendra Gad v. State of Maharashtra Thr. Gp and Ors.
Case brief
What is this about?
Old Pension Scheme OPS versus Defined Contributory Pension Scheme DCPS; Government Resolution 31-10-2005; 100% grant-in-aid aided schools and junior colleges; teachers and non-teaching staff appointed before 1-11-2005; part-time employees pension entitlement; Maharashtra Civil Services (Pension) Rules 1982; Maharashtra Civil Services (Communication of Pension) Rules 1984; Rule 19 MEPS Rules; BMC Pension Rules 1953 clause 5(ii); Deputy Director of Education scrutiny and reasoned orders; Deshmukh Dilipkumar Bhagwan 2019 (3) Mh.L.J. 903; Nilesh Namdev Gurav Writ Petition No.4748 of 2019; Bombay High Court Full Bench reference; SLP pending before Supreme Court; Accountant General pension clearance.
What did the court decide?
Petitions disposed of with directions: proposals for OPS eligibility of petitioners (and non-litigating employees) to be forwarded to the respective Deputy Director of Education within 45 days (schools through Education Officers; junior-college employees directly by managements); scrutiny preferably by 30th September, 2025; individual reasoned orders with retired candidates first; Deputy Director to follow Deshmukh Dilipkumar Bhagwan and Nilesh Namdev Gurav until the Supreme Court decides; Accountant General not to treat cleared superannuated candidates as ineligible; aggrieved persons free to pursue available remedies; pending Interim Applications disposed.