Pawan Badri Singh v. the State of Maharashtra School Education Dept Throu. Its Principal Sec. and Ors.
Case brief
What is this about?
Old Pension Scheme OPS vs Defined Contributory Pension Scheme DCPS; National Pension Scheme NPS contributions; Government Resolution 31 October 2005; GR of 2010; GR 4-1-1968; GR 19 July 2011; Maharashtra Civil Services (Pension) Rules 1982; Commutation of Pension Rules 1984; Rule 19 MEPS Rules; BMC Pension Rules 1953 clause 5(ii); 100% grant-in-aid; aided recognised schools and junior colleges; part-time appointment; qualifying service; Deputy Director of Education scrutiny; Education Officer proposals; Accountant General; Deshmukh Dilipkumar Bhagwan Full Bench 2019 (3) Mh.L.J. 903; Homraj Hansaram Bisen 2013 (2) Mh. L.J.; Nilesh Namdev Gurav W.P.4748/2019; Anuradha Jayant Gangakhedkar 2012 (5) Mh.L.J. 775; SLP pending Supreme Court; Bombay High Court batch writ petitions; Ghuge & Bhobe JJ.; Maharashtra teachers pension litigation.
What did the court decide?
Petitions disposed with machinery directions: proposals of all affected employees (including non-litigating employees and union members) to be routed to the respective Deputy Director of Education (schools via Education Officer; Junior College employees via Managements directly) within 45 days of uploading of the final order; meticulous scrutiny with Management assistance, preferably completed by 30th September, 2025; individual reasoned orders with priority to retired and near-retirement employees; until the Hon'ble Supreme Court decides the pending SLP/proceedings, authorities to follow Deshmukh Dilipkumar Bhagwan (Full Bench) and Nilesh Namdev Gurav; Accountant General not to treat cleared candidates as ineligible; aggrieved persons free to avail permissible remedies; pending Interim Applications disposed.