Babasaheb Asaram Aute v. The State of Maharashtra Through Its Secretary Finance Dept and Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.5849 OF 2024 Bhagwan s/o Vitthalrao Wakde Age: 57 years, Occu.: Service, as Jr. Lecturer (Assistant Teacher) presently working with Renuka Secondary & Higher Secondary School, Mantha, Tq. Mantha, District Jalna.

1.

2.

¶3Aurangabad Region, Aurangabad.

¶4Zilla Parishad, Jalna.

¶5Education Department, Jalna, District Jalna.

¶6The Head Master, Renuka Secondary & Higher Secondary Secondary School, Mantha, Tq. Mantha, District Jalna.

¶7Jagdamba Shikshan Prasarak Mandal, Mantha, Tq. Mantha, Dist. Jalna. Through its President/Secretary. … WRIT PETITION NO.5852 OF 2024 [1] 2026:BHC-AUG:9979-DB

Smt. Archana Umaji Kakade @ Archana Pravin Mhaske Age: 42 years, Occu.: Service as Assistant Teacher presently working with Macchindranath Vidyalaya, Sawargaon, Tq. Ashti, District Beed.

1.

2.

¶3Aurangabad Region, Aurangabad.

¶4Zilla Parishad, Beed.

¶5Education Department, Beed, District Beed.

¶6Shetkari Shikshan Prasarak Mandal, Ashti, Tq. Ashti, District Beed Through its President/Secretary,

¶7Macchindranath Vidyalaya Sawargaon Tq. Ashti, District Beed. Through its Principal/Headmaster … WRIT PETITION NO.5859 OF 2024 Shaikh Ayesha Parveen Shaikh Allaoddin Age: 50 years, Occu.: Retired, R/o. House No.601, Amin Colony, BSNL Tower Road, Parbhani, Tq. And Dit. Parbhani. [2]

1.

2.

¶3The Education Officer (Primary), Zilla Parishad, Beed, District Beed.

¶4Education Department, Beed, District Beed.

¶5The Headmaster, Bilal Primary school Hamalwadi, Station Road, Parli-Vaijnath, Tq. Parli Vaijnath, District Beed.

¶6Dawat Education Society, Parli-Vaijnath, Tq. Parli-Vaijnath, District Beed, Through its President/Secretary. … WRIT PETITION NO.9090 OF 2025 Smt. Minakshi Tryambak Nemade @ Minakshi Vasudeo Hole Age: 56 years, Occu.: Service as Assistant Teacher presently working with N. H. Ranka High School & Jr. College Bodwad, Tq. Bodwad, Dist. Jalgaon.

1.

¶2[3]

¶3Nashik Region, Nashik.

¶4Zilla Parishad, Jalgaon, District Jalgaon.

¶5Education Department, Jalgaon, District Jalgaon.

¶6The Bodwad Sarvajanik Co-operative Education Society Ltd. Bodwad, Tq. Bodwad, District Jalgaon, Through its President/Secretary.

¶7N. H. Ranka High School & Jr. College Bodwad, Tq. Bodwad, Dist. Jalgaon, Through its Headmaster. … WRIT PETITION NO.9085 OF 2025 Mahendra s/o Bhaurao Pandit Age: 50 years, Occu.: Service as Assistant Teacher presently working with N. H. Ranka High School & Jr. College Bodwad, Tq. Bodwad, District Jalgaon.

1.

2.

¶3Nashik Region, Nashik.

¶4Zilla Parishad, Jalgaon, District Jalgaon. [4]

¶5Education Department, Jalgaon, District Jalgaon.

¶6The Bodwad Sarvajanik Co-operative Education Society Ltd. Bodwad, Tq. Bodwad, District Jalgaon Through its President/Secretary.

¶7N. H. Ranka High School & Jr. College Bodwad, Tq. Bodwad, District Jalgaon, Through its Headmaster. … WRIT PETITION NO.9070 OF 2025 Anil s/o Tukaram Dandade Age: 54 years, Occu.: Service, as Assistant Teacher presently working with N. H. Ranka High School & Jr. College Bodwad, Tq. Bodwad, District Jalgaon.

1.

2.

¶3Nashik Region, Nashik.

¶4Zilla Parishad, Jalgaon, District Jalgaon.

¶5Education Department, Jalgaon, District Jalgaon.

¶6The Bodwad Sarvajanik Co-operative Education Soceity Ltd. Bodwad, [5]

Tq. Bodwad, District Jalgaon, Through its President/Secretary.

¶7N. H. Ranka High School & Jr. College Bodwad, Tq. Bodwad, District Jalgaon, Through its Headmaster … WRIT PETITION NO.9087 OF 2025 Dnyaneshwar s/o Jagnnath Chikte Age: 51 years, Occu.: Service as Assistant Teacher presently working with N. H. Ranka High School & Jr. College Bodwad, Tq. Bodwad, District Jalgaon.

1.

2.

¶3Nashik Region, Nashik.

¶4Zilla Parishad, Jalgaon, District Jalgaon.

¶5Education Department, Jalgaon, District Jalgaon.

¶6The Bodwad Sarvajanik Co-operative Education Soceity Ltd. Bodwad, Tq. Bodwad, District Jalgaon, Through its President/Secretary.

¶7N. H. Ranka High School & Jr. College Bodwad, Tq. Bodwad, District Jalgaon, Through its Headmaster … [6]

WRIT PETITION NO.9068 OF 2025 Parag s/o Ramchandra Joshi Age: 53 years, Occu.: Service as Assistant Teacher presently working with N. H. Ranka High School & Jr. College Bodwad, Tq. Bodwad, Dist. Jalgaon.

1.

2.

¶3Nashik Region, Nashik.

¶4Zilla Parishad, Jalgaon, District Jalgaon.

¶5Education Department, Jalgaon, District Jalgaon.

¶6The Bodwad Sarvajanik Co-operative Education Soceity Ltd. Bodwad, Tq. Bodwad, District Jalgaon, Through its President/Secretary.

¶7N. H. Ranka High School & Jr. College Bodwad, Tq. Bodwad, District Jalgaon, Through its Headmaster … WRIT PETITION NO.12172 OF 2025 Smt. Vidya Kishanrao Thorat Age: 57 years, Occu.: Service as Assistant Teacher presently working with Mahatma Kabir Vidyalaya Sahyognagar, Nanded, [7]

Tq. And Dist. Nanded.

1.

2.

¶3Latur Region, Latur.

¶4Zilla Parishad, Nanded, District Nanded.

¶5Education Department, Nanded, District Nanded.

¶6Pankaj Education Society Sahyognagar, Nanded Tq. And Dist. Nanded Through its President/Secretary

¶7Mahatma Kabir Vidyalaya, Sahyognagar, Nanded, Tq. And Dist. Nanded, Through its Headmaster … WRIT PETITION NO.13319 of 2024 Bhagwat s/o Laxman Palhal Age: 43 years, Occu.: Service as Assistant Teacher presently working with Karmaveer Kakasaheb Deshmukh Madhyamik Vidyalaya S.S.K. Kannad, Tq. Kannad, Dist. Chh. Sambhajinagar

¶1[8]

2.

¶3Chh. Sambhajinagar Region, Chh. Sambhajinagar.

¶4Zilla Parishad, Chh. Sambhajinagar, District Chh. Sambhajinagar.

¶5Education Department, Chh. Sambhajinagar.

¶6Jijamata Shikshan Prasarak Mandal Pishor, Tq. Kannad, Dist. Chh. Sambhajinagar, Through its President/Secretary

¶7Karmaveer Kakasaheb Deshmukh Madhyamik Vidyalaya S.S.K. Kannad, Tq. Kannad, Dist. Chh. Sambhajinagar, Through its Headmaster. … WRIT PETITION NO.13300 OF 2024 Jagmohan s/o Totaram Mundwadkar Age: 46 years, Occu.: Service as Assistant Teacher presently working with Karmaveer Kakasaheb Deshmukh Vidyalaya Kannad, Tq. Kannad, Dist. Chh. Sambhajinagar.

1.

2.

¶3[9]

Chh. Sambhajinagar Region, Chh. Sambhajinagar.

¶4Zilla Parishad, Chh. Sambhajinagar, District Chh. Sambhajinagar.

¶5Education Department, Chh. Sambhajinagar.

¶6Jijamata Shikshan Prasarak Mandal Pishor, Tq. Kannad, Dist. Chh. Sambhajinagar, Through its President/Secretary

¶7Karmaveer Kakasaheb Deshmukh Madhyamik Vidyalaya S.S.K. Kannad, Tq. Kannad, Dist. Chh. Sambhajinagar, Through its Headmaster. … WRIT PETITION NO.13315 OF 2024 Smt. Ratnamala Vishvanath Hatkar Age: 42 years, Occu.: Service as Assistant Teacher presently working with Chhatrapati Shivaji Madhyamik Vidyalaya, Banshendra, Tq. Kannad, Dist. Chh. Sambhajinagar

1.

2.

¶3Chh. Sambhajinagar Region, Chh. Sambhajinagar.

¶4Zilla Parishad, Chh. Sambhajinagar, District Chh. Sambhajinagar.

¶5[10]

Education Department, Chh. Sambhajinagar.

¶6Jijamata Shikshan Prasarak Mandal Pishor, Tq. Kannad, Dist. Chh. Sambhajinagar, Through its President/Secretary

¶7Chhatrapati Shivaji Madhyamik Vidyalaya Banshendra, Tq. Kannad, Dist. Chh. Sambhajinagar. Through its Headmaster … WRIT PETITION NO.13320 OF 2024 Raju s/o Eknath Gavali Age: 44 years, Occu.: Service as Assistant Teacher presently working with Jijamata Madhyamik Vidyalaya, Pimparkheda, Tq. Kannad, Dist. Chh. Sambhajinagar.

1.

2.

¶3Chh. Sambhajinagar Region, Chh. Sambhajinagar.

¶4Zilla Parishad, Chh. Sambhajinagar, District Chh. Sambhajinagar.

¶5Education Department, Chh. Sambhajinagar.

¶6Jijamata Shikshan Prasarak Mandal Pishor, Tq. Kannad, Dist. Chh. Sambhajinagar, Through its President/Secretary [11]

¶7Jijamata Madhyamik Vidyalaya Pimparkheda, Tq. Kannad, Dist. Chh. Sambhajinagar, Through its Headmaster … WRIT PETITION NO.13316 OF 2024 Ashok s/o Vitthalrao Wahatule Age: 46 years, Occu.: Service as Assistant Teacher presently working with Champavati Kanya Vidyalaya, Chapaner, Tq. Kannad, Dist. Chh. Sambhajinagar .. Petitioners

1.

2.

¶3Chh. Sambhajinagar Region, Chh. Sambhajinagar.

¶4Zilla Parishad, Chh. Sambhajinagar, District Chh. Sambhajinagar.

¶5Education Department, Chh. Sambhajinagar.

¶6Hanuman Sanskritik and Shaishanik Manda, Chapaner, Tq. Kannad, Dist. Chh. Sambhajinagar, Through its President/Secretary

¶7Champavati Kanya Vidyalaya, Chapner, Tq. Kannad, Dist. Chh. Sambhajinagar, Through its Headmaster … WRIT PETITION NO.13318 OF 2024 [12]

Sunil s/o Sampatrao Chavan Age: 49 years, Occu.: Service as Assistant Teacher presently working with Champavati Kanya Vidyalaya, Chapaner, Tq. Kannad, Dist. Chh. Sambhajinagar.

1.

2.

¶3Chh. Sambhajinagar Region, Chh. Sambhajinagar.

¶4Zilla Parishad, Chh. Sambhajinagar, District Chh. Sambhajinagar.

¶5Education Department, Chh. Sambhajinagar.

¶6Hanuman Sanskritik and Shaishanik Manda, Chapaner, Tq. Kannad, Dist. Chh. Sambhajinagar, Through its President/Secretary

¶7Champavati Kanya Vidyalaya, Chapner, Tq. Kannad, Dist. Chh. Sambhajinagar, Through its Headmaster … WRIT PETITION NO.13321 OF 2024 Sunil s/o Shankar Sakhare Age: 51 years, Occu.: Service as Assistant Teacher presently working with Champavati Kanya Vidyalaya, Chapaner, Tq. Kannad, Dist. Chh. Sambhajinagar. [13]

1.

2.

¶3Chh. Sambhajinagar Region, Chh. Sambhajinagar.

¶4Zilla Parishad, Chh. Sambhajinagar, District Chh. Sambhajinagar.

¶5Education Department, Chh. Sambhajinagar.

¶6Hanuman Sanskritik and Shaishanik Manda, Chapaner, Tq. Kannad, Dist. Chh. Sambhajinagar, Through its President/Secretary

¶7Champavati Kanya Vidyalaya, Chapner, Tq. Kannad, Dist. Chh. Sambhajinagar, Through its Headmaster … WRIT PETITION NO.13637 OF 2024 Sopan s/o Krishnarao Kale Age: 45 years, Occu.: Service as Post Graduate Teacher presently working with Sane Guruji Primary School, Kannad, Tq. Kannad, Dist. Chh. Sambhajinagar.

¶1[14]

2.

¶3Chh. Sambhajinagar Region, Chh. Sambhajinagar.

¶4Zilla Parishad, Chh. Sambhajinagar, District Chh. Sambhajinagar.

¶5Education Department, Chh. Sambhajinagar.

¶6Sane Guruji Shikshan Prasarak Mandal, Kannad, Tq. Kannad, Dist. Chh. Sambhajinagar, Through its President/Secretary

¶7Sane Guruji Primary School, Kannad, Tq. Kannad, Dist. Chh. Sambhajinagar, Through its Headmaster … WRIT PETITION NO.13314 OF 2024 Ganeshsing s/o Shivaji Nikam Age: 40 years, Occu.: Service as Assistant Teacher presently working with Sane Guruji Primary School, Kannad, Tq. Kannad, Dist. Chh. Sambhajinagar.

1.

2.

¶3Chh. Sambhajinagar Region, Chh. Sambhajinagar. [15]

¶4Zilla Parishad, Chh. Sambhajinagar, District Chh. Sambhajinagar.

¶5Education Department, Chh. Sambhajinagar.

¶6Sane Guruji Shikshan Prasarak Mandal, Kannad, Tq. Kannad, Dist. Chh. Sambhajinagar, Through its President/Secretary

¶7Sane Guruji Primary School, Kannad, Tq. Kannad, Dist. Chh. Sambhajinagar, Through its Headmaster … WRIT PETITION NO.5850 OF 2024 Smt. Sangita Manikrao Mundhe Age: 49 years, Occu.: Service as Assistant Teacher presently working with Adarsh Secondary & Higher Secondary School, Manatha, Tq. Hadgaon, Dist. Nanded. .. Petitioners

1.

2.

¶3Latur Region, Latur.

¶4Zilla Parishad, Latur. [16]

¶5Education Department, Nanded.

¶6Adarsh Vidyalaya Shikshan Samiti Mantha, Tq. Hadgaon, Dist. Nanded Through its President/Secretary,

¶7Adarsh Secondary and Higher Secondary School Mantha, Tq. Hadgaon, Dist. Nanded, Through its Principal/Headmaster … WRIT PETITION NO.5856 OF 2024 Balaji s/o Govindrao Wankhede Age: 49 years, Occu.: Service as Assistant Teacher presently working with Adarsh Secondary & Higher Secondary School, Manatha, Tq. Hadgaon, Dist. Nanded.

1.

2.

¶3Latur Region, Latur.

¶4Zilla Parishad, Latur.

¶5Education Department, Nanded.

¶6Adarsh Vidyalaya Shikshan Samiti Mantha, Tq. Hadgaon, [17]

Dist. Nanded Through its President/Secretary,

¶7Adarsh Secondary and Higher Secondary School Mantha, Tq. Hadgaon, Dist. Nanded, Through its Principal/Headmaster … WRIT PETITION NO.5854 OF 2024 Babasaheb s/o Hausrao Mhaske Age: 50 years, Occu.: Service as Assistant Teacher presently working with Macchindranath Vidyalaya, Sawargaon, Tq. Ashti, Dist. Beed.

1.

2.

¶3Aurangabad Region, Aurangabad.

¶4Zilla Parishad, Beed.

¶5Education Department, Beed, District Beed.

¶6Shetkari Shikshan Prasarak Mandal, Ashti, Tq. Ashti, Dist. Beed, Through its President/Secretary

¶7Macchindranath Vidyalaya Sawargaon, Tq. Ashti, Dist. Beed, Through its Principal/Headmaster … WRIT PETITION NO.13616 OF 2024 [18]

Wahed s/o Fakira Patel Age: 59 years, Occu.: Retired, R/o. Harsul T. Point, Beri Bag, Galli No.8, Chh. Sambhajinagar, Tq. And Dist. Chh. Sambhajinagar

1.

2.

¶3Aurangabad Region, Aurangabad.

¶4Zilla Parishad, Jalna.

¶5Education Department, Jalna, Dist. Jalna.

¶6Sillod Shikshan Sanstha, Sillod, N-11, CIDCO, Chh. Sambhajinagar, Tq. And Dist. Chh. Sambhajinagar, Through its President/Secretary

¶7Siddharth Arts, Commerce & Science College, Jafrabad, Tq. Jafrabad, Dist. Jalna, Through its Principal … WRIT PETITION NO.5857 OF 2024 Sharad s/o Murlidhar Vidhate Age: 41 years, Occu.: Service as Assistant Teacher presently working with Macchindranath Vidyalaya, Sawargaon, Tq. Ashti, Dist. Beed. [19]

1.

2.

¶3Aurangabad Region, Aurangabad.

¶4Zilla Parishad, Beed.

¶5Education Department, Beed, District Beed.

¶6Shetkari Shikshan Prasarak Mandal, Ashti, Tq. Ashti, Dist. Beed, Through its President/Secretary

¶7Macchindranath Vidyalaya Sawargaon, Tq. Ashti, Dist. Beed, Through its Principal/Headmaster … WRIT PETITION NO.5853 OF 2024 Surendrakumar s/o Ramrao Potdar Age: 55 years, Occu.: Service as Assistant Teacher presently working with Adarsh Secondary & Higher Secondary School, Manatha, Tq. Hadgaon, Dist. Nanded.

1.

¶2[20]

¶3Latur Region, Latur.

¶4Zilla Parishad, Latur.

¶5Education Department, Nanded.

¶6Adarsh Vidyalaya Shikshan Samiti Mantha, Tq. Hadgaon, Dist. Nanded Through its President/Secretary,

¶7Adarsh Secondary and Higher Secondary School Mantha, Tq. Hadgaon, Dist. Nanded, Through its Principal/Headmaster … WRIT PETITION NO.5860 OF 2024 Babasaheb s/o Asaram Aute Age: 55 years, Occu.: Service as Assistant Teacher presently working with Macchindranath Vidyalaya, Sawargaon, Tq. Ashti, Dist. Beed.

1.

2.

¶3Aurangabad Region, Aurangabad.

¶4Zilla Parishad, Beed.

¶5[21]

Education Department, Beed, District Beed.

¶6Shetkari Shikshan Prasarak Mandal, Ashti, Tq. Ashti, Dist. Beed, Through its President/Secretary

¶7Macchindranath Vidyalaya Sawargaon, Tq. Ashti, Dist. Beed, Through its Principal/Headmaster … WRIT PETITION NO.2850 OF 2025 Ramesh Trimbakrao Gavande Age: 48 years, Occu.: Service as Jr. College Teacher presently working with Shri Rameshwar Arts, Commerce and Science Jr. College, Bhokardan, Dist. Jalna

1.

2.

¶3Chh. Sambhajinagar Region, Chh. Sambhajinagar.

¶4Zilla Parishad, Jalna.

¶5Education Department, Jalna, District Jalna.

¶6Shri. Rameshwar Education Society, Bhokardan, Tq. Bhokardan, Dist. Jalna. Through its President/Secretary

¶7Shri Rameshwar Arts, Commerce and Science Jr. College, Bhokardan, Tq. Bhokardan, Dist. Jalna, Through its Principal [22]

… • Mr. A. G. Ambetkar, Advocate for the petitioners in all petitions. • Ms. Neha B. Kamble, AGP for respondents/State in all petitions. • Mr. Ashok B. Tele, Advocate for respondent Nos.6 and 7 in WP Nos.5849/2024. • Mr. R. P. Bhumkar, Advocate for respondent Nos.5 and 6 in WP Nos.5859/2024. • Mr. A. P. Avhad, Advocate for respondent Nos.6 and7 in WP Nos.9090/2025, 9085/2025, 9070/2025, 9087/2025, 9068/2025, 12172/2025. • Mr. D. R. Adhav, Advocate for respondent No.7 in WP/13321/2024. • Mr. P. R. Nangare, Advocate for respondent Nos.3 and 4 in WP/13637/2024, 13314/2024. • Mr. B. T. Bodkhe, Advocate for respondent Nos.6 and 7 in WP/5860/2024, 5852/2024, 5854/2024, 5857/2024. • Mr. M. M. Parghane, Advocate for respondent No.7 in WP/5856/2024, 5850/2024, 5853/2024. • Mr. H. S. Kamble, Advocate for respondent Nos.6 and 7 in WP/13616/2024. • Mr. N. R. Pawde, Advocate for respondent No.3 No.5850/2024. ...

CORAM : SMT. VIBHA KANKANWADI &

HITEN S. VENEGAVKAR, JJ. DATE : 27 FEBRUARY 2026 JUDGMENT (Per Smt. Vibha Kankanwadi, J.) :- . Writ Petition No.2850 of 2025 is not in board. Upon mentioning, the said petition is taken on board.

¶2Rule. Rule made returnable forthwith. Heard by consent of parties.

¶3By the present writ petitions, the petitioners claim that they are employees appointed prior to 31.10.2005 in the partially aided division of [23]

100% aided schools and are seeking declaration that the petitioners are governed under old pension scheme i.e. Maharashtra Civil Services (Pension) Rules, 1982 and Maharashtra Civil Services (Commutation of Pension) Rules, 1984 and General Provident Fund, which are applicable to the Assistant Teacher/Jr. College Teachers who are appointed prior to 01.11.2005 and shall not apply the Defined Contribution Pension Scheme (DCPS) or National Pension Scheme (NPS), which replaces the old pension scheme from

01.11.2005. The petitioners also pray to consequently direct the respondents to take steps to extend benefits under old pension scheme in favour of the petitioners and direct the concerned schools to forthwith submit the pension papers/proposal of the petitioners who are appointed as Assistant Teacher/Junior College Teachers prior to 01.11.2005 and already stood retired within six weeks. The issue involved in these petitions is common and is therefore taken up for consideration.

¶4The petitioners have approached this Court seeking multiple reliefs and consequential reliefs arising out of the main reliefs. The facts in detail are noted in tabular form. Writ Petition Nos. Name of Petitioner Date of First Appointment & (Approval) & Post Date of Full Time (Approval) & Post 100% Grant Received in Year School/College Name WP/5849/2024 Bhagwan Vitthalrao Wakde Vs. & Ors.

02.07.1999 (Full-Time Assistant Teacher) (Non grant-in-aid divisions of Jr. College) 2006-2007 (Full-Time Jr. Lecturer) (100% grant-in-aid divisions of Jr. College) Retired on 31.01.2024 1995-1996 Renuka Secondary & Higher Secondary School Mantha, Tq. Mantha, Dist. Jalna WP/5859/2024 Shaikh Ayesha Parveen

15.06.2001 2014-2015 1996 Bilal Primary School [24]

Shaikh Allaoddin Vs. & Ors. (Full-Time Assistant Teacher) (Non grant-in-aid divisions of school) (Full-Time Assistant Teacher) (100% grant-in-aid divisions of school) (Retired on 30.06.2022) Hamalwadi, Tq. Parli Vaijnath, Dist. Beed. WP/9090/2025 Minakshi Tryambak Nemade @ Minakshi Vasudeo Hole Vs. & Ors.

01.07.1999 (Full-Time Assistant Teacher) (100% grant-in-aid divisions of XI class of school) (Non grant-in-aid divisions of XII class of school) 2007-2008 (Full-Time Assistant Teacher) (100% grant-in-aid divisions of XI & XII class of school) 1945 (School) 1983-1984 (Jr. College) N. H. Ranka High School & Jr. College Bodwad, Tq. Bodwad, Dist. Jalgaon. WP/9085/2025 Mahendra Bhaurao Pandit Vs. & Ors.

01.07.1999 (Full-Time Assistant Teacher) (100% grant-in-aid divisions of XI class of school) (Non grant-in-aid divisions of XII class of school) 2007-2008 (Full-Time Assistant Teacher) (100% grant-in-aid divisions of XI & XII class of school) 1945 (School) 1983-1984 (Jr. College) N. H. Ranka High School & Jr. College Bodwad, Tq. Bodwad, Dist. Jalgaon. WP/9070/2025 Anil Tukaram Dandade Vs. & Ors.

14.06.2003 (Full-Time Assistant Teacher) (100% grant-in-aid divisions of XI class of school) (Non grant-in-aid divisions of XII class of school) 2007-2008 (Full-Time Assistant Teacher) (100% grant-in-aid divisions of XI & XII class of school) 1945 (School) 1983-1984 (Jr. College) N. H. Ranka High School & Jr. College Bodwad, Tq. Bodwad, Dist. Jalgaon. WP/9087/2025 Dnyaneshwar Jagnnath Chikte Vs. & Ors.

01.07.1999 (Full-Time Assistant Teacher) (100% grant-in-aid divisions of XI class of school) (Non grant-in-aid divisions of XII class of school) 2007-2008 (Full-Time Assistant Teacher) (100% grant-in-aid divisions of XI & XII class of school) 1945 (School) 1983-1984 (Jr. College) N. H. Ranka High School & Jr. College Bodwad, Tq. Bodwad, Dist. Jalgaon. WP/9068/2025 Parag Ramchandra Joshi Vs. & Ors.

01.07.1999 (Full-Time Assistant Teacher) (100% grant-in-aid divisions of XI class of school) (Non grant-in-aid divisions of XII class of school) 2007-2008 (Full-Time Assistant Teacher) (100% grant-in-aid divisions of XI & XII class of school) 1945 (School) 1983-1984 (Jr. College) N. H. Ranka High School & Jr. College Bodwad, Tq. Bodwad, Dist. Jalgaon. WP/ 12172/2025 Vidya Kashinathrao Thorat Vs. & Ors.

01.07.2001 (Full-Time Assistant Teacher) (Non grant-in-aid divisions of 100% grant-in-aid school) 2008-2009 (Full-Time Assistant Teacher) (100% grant-in-aid divisions of school) 1998-1999 Mahatma Kabir Vidyalaya Sahyognagar, Nanded, Tq. And Dist. Nanded WP/ Bhagwat Laxman Palhal

05.11.2003 March 2010 2005 Chhatrapati Shivaji [25]

13319/2024 Vs. & Ors. (Full-Time Assistant Teacher) (Non grant-in-aid divisions of school) (18.09.2010) (Full-Time Assistant Teacher) (100% grant-in-aid divisions of school) Madhyamik Vidyalaya Banshendra, Tq. Kannad, Dist. Chh. Sambhajinagar WP/ 13300/2024 Jagmohan Totaram Mundwadkar Vs. & Ors.

14.06.2005 (Full-Time Assistant Teacher) (Non grant-in-aid divisions of school) March 2010 (18.09.2010) (Full-Time Assistant Teacher) (100% grant-in-aid divisions of school) 2005 Karmaveer Kakasaheb Deshmukh Vidyalaya, Tq. Kannad, Dist. Chh. Sambhajinagar WP/ 13315/2024 Smt. Ratnamala Vishwanath Hatkar Vs. & Ors.

03.11.2003 (Full-Time Assistant Teacher) (Non grant-in-aid divisions of school) March 2009 (08.09.2009) (Full-Time Assistant Teacher) (100% grant-in-aid divisions of school) 2005 Chhatrapati Shivaji Madhyamik Vidyalaya, Banshendra, Tq. Kannad, Dist. Chh. Sambhajinagar WP/ 13320/2024 Raju Eknath Gavali Vs. & Ors.

14.06.2002 (Full-Time Assistant Teacher) Non grant-in-aid divisions of school) March 2009 (08.09.2009) (Full-Time Assistant Teacher) (100% grant-in-aid divisions of school) 2005 Chhatrapati Shivaji Madhyamik Vidyalaya, Banshendra, Tq. Kannad, Dist. Chh. Sambhajinagar WP/ 13316/2024 Ashok Vitthalrao Wahatule Vs. & Ors.

16.12.2004 (Full-Time Assistant Teacher) (Non grant-in-aid divisions of school) March 2009 (01.03.2009) (Full-Time Assistant Teacher) (100% grant-in-aid divisions of school) 1995 Champavati Kanya Vidyalaya Chapner, Tq. Kannad, Dist. Chh. Sambhajinagar WP/ 13318/2024 Sunil Sampatrao Chavan Vs. & Ors.

01.08.2001 (Full-Time Assistant Teacher) (Non grant-in-aid divisions of school) March 2008 (01.03.2008) (Full-Time Assistant Teacher) (100% grant-in-aid divisions of school) 1995 Champavati Kanya Vidyalaya Chapner, Tq. Kannad, Dist. Chh. Sambhajinagar WP/ 13321/2024 Sunil Shriram Sakhare Vs. & Ors.

16.12.2004 (Full-Time Assistant Teacher) (Non grant-in-aid divisions of school) March 2009 (01.03.2009) (Full-Time Assistant Teacher) (100% grant-in-aid divisions of school) 1995 Champavati Kanya Vidyalaya Chapner, Tq. Kannad, Dist. Chh. Sambhajinagar WP/ 13637/2024 Sopan Krishnarao Kale Vs. & Ors.

22.06.2004 (Full-Time Assistant Teacher) (Non grant-in-aid divisions of school) 2014-2015 (05.09.2014) (Full-Time Assistant Teacher) (100% grant-in-aid divisions of school) 1999 Sane Guruji Primary School Kannad, Tq. Kannad, Dist. Chh. Sambhajinagar WP/ 13314/2024 Ganeshshing Shivaji Nikam Vs. & Ors.

14.06.2005 (Full-Time Assistant Teacher) (Non grant-in-aid divisions of school) 2014-2015 (05.09.2014) (Full-Time Assistant Teacher) (100% grant-in-aid divisions of school 1999 Sane Guruji Primary School Kannad, Tq. Kannad, Dist. Chh. Sambhajinagar WP/5860/2024 Babasaheb Asaram Aute Vs. & Ors.

19.06.2000 (Full-Time Assistant Teacher( (Non grant-in-aid divisions of school) 2008-2009 (Full-Time Assistant Teacher) (100% grant-in-aid divisions of school) 1993-1994 Macchindranath Vidyalaya Sawargaon Ghat, Tq. Ashti, Dist. Beed. WP/5852/2024 Archana Umaji Kakade Vs. & Ors.

21.06.2003 (Full-Time Assistant Teacher) (Non grant-in-aid 2012-2013 (Full-Time Assistant Teacher) (100% grant-in-aid 1996-1997 Macchindranath Vidyalaya Sawargaon Ghat, Tq. Ashti, Dist. Beed. [26]

divisions of school) divisions of school) WP/5856/2024 Balaji Govindrao Wankhede Vs. & Ors.

19.07.2002 (Full-Time Assistant Teacher) (Partially grant-in-aid divisions of Jr. College) 2008-2009 (Full-Time Assistant Teacher) (100% grant-in-aid divisions of Jr. College) 1965 (High School) 1993-1994 (Jr. College) Adarsh Secondary & Higher Secondary School Manatha, Tq. Hadgaon, Dist. Nanded WP/5854/2024 Babasaheb Hausrao Mhaske Vs. & Ors.

12.12.2003 (Full-Time Assistant Teacher) (Non grant-in-aid divisions of school) 2011-2012 (Full-Time Assistant Teacher) (100% grant-in-aid divisions of school) 1996-1997 Macchindranath Vidyalaya Sawargaon Ghat, Tq. Ashti, Dist. Beed. WP/ 13616/2024 Wahed Fakira Patel Vs. & Ors.

17.06.2002 (Full-Time Jr. Lecturer) (Non grant-in-aid divisions of Jr. College) 2008-2009 (29.12.2009) (Full-Time Jr. Lecturer) (100% grant-in-aid divisions of Jr. College Retired on 31.03.2024 1995 Siddhartha Arts, Commerce & Science College, Jafrabad, Tq. Jafrabad, Dist. Jalna WP/5857/2024 Sharad Muralidhar Vidhate Vs. & Ors.

20.06.2005 (Full-Time Assistant Teacher) (Non grant-in-aid divisions of school) 2010-2011 (Full-Time Assistant Teacher) (100% grant-in-aid divisions of school) 1996-1997 Macchindranath Vidyalaya Sawargaon Ghat, Tq. Ashti, Dist. Beed. WP/5850/2024 Sangita Manikrao Mundhe Vs. & Ors.

12.07.2000 (Full-Time Assistant Teacher) (Partially grant-in-aid divisions of Jr. College) 2008-2009 (Full-Time Assistant Teacher) (100% grant-in-aid divisions of Jr. College) 1965 (High School) 1993-1994 (Jr. College) Adarsh Secondary & Higher Secondary School Manatha, Tq. Hadgaon, Dist. Nanded. WP/5853/2024 Surendrakumar Ramrao Potdar Vs. & Ors.

01.07.2002 (Full-Time Assistant Teacher) (Partially grant-in-aid divisions of Jr. College) 2008-2009 (Full-Time Assistant Teacher) (100% grant-in-aid divisions of Jr. College) 1965 (High School) 1993-1994 (Jr. College) Adarsh Secondary & Higher Secondary School Manatha, Tq. Hadgaon, Dist. Nanded. WP/2850/2025 Ramesh Trimbakrao Gavande Vs. & Ors.

08.07.2022 (Full-Time Jr. College Teacher) (Non grant-in-aid divisions of school)

16.06.2008 (Full-Time Jr. College Teacher) (100% grant-in-aid divisions of school)

08.07.1982 Shri Rajeshwar Arts, Commerce and Science Jr. College, Bhokardan, Dist. Jalna.

¶5Learned Advocate for the petitioners in all the matters submits that the issue raised in these petitions is no more res-integra and has been conclusively decided in case of Nilesh Namdev Gurav & Ors. Vs. State of Maharashtra reported in 2022 (3) Mh.L.J. 615. The same view has been consistently followed by this Court in various judgments. He submits that those judgments have been quoted recently in Dattatrya Patingrao Borse Vs. [27]

The State of Maharashtra and others, [Writ Petition No.8548 of 2022 with companion matters decided on 25.02.2026] and, therefore, he seeks declaration that the petitioners are governed under the old pension scheme and has prayed for the consequential reliefs.

¶6Per contra, learned AGP Ms. Neha B. Kamble appearing for respondents/State in all the cases defend the case on similar grounds while accepting the decision in Dattatrya Patingrao Borse (Supra). She submits that only liberty be given to the respondents to verify the documents and service records of the petitioners and time to take a decision be granted.

¶7The issue whether the employees who worked in an unaided division in November 2005 of an 100% aided school is entitled to pension under the old pension scheme is no more res-integra, and is conclusively decided by this Court in the case of Nilesh Namdev Gurav (Supra) and is consistently followed by this Court in various judgments. We cannot take different view and we are bound by the same. We are also informed that the view taken by this Court in the case of Nilesh Namdev Gurav (Supra) and various other matters is challenged in the Hon'ble Supreme Court. However, the Hon'ble Supreme Court in none of the matters has granted any interim relief. This Court has noticed the filing of the S.L.P. in Supreme Court in Writ Petition No.2796 of 2024 (supra) and has allowed the writ petition as there is no interim relief granted in the S.L.P. by the Hon'ble Supreme Court. [28]

¶8We also agree to the observations in Dattatrya Patingrao Borse (Supra) that duty is cast upon the respondents to give the employees all the retiral benefits to which they are entitled to. As quoted therein, Hon'ble Supreme Court in a case of S. K. Dua Vs. State of Haryana and Ors. reported in AIR 2008 SC 1077 and recently, in UP Roadways Retired Officials And Officers Association Vs. State of U.P. and another reported in (2024) 9 SCC 331, has observed that the retiral benefits are not in the nature of bounty and an employee is entitled as of right to get those benefits immediately after superannuation, unless they are withdrawn or withheld as a matter of punishment. The service rules cannot be so molded and interpreted after the service has begun, unless it is as per law and permitted under the law.

¶9The law as declared in the above judgments is that the employees similarly placed to the petitioners are entitled to old pension scheme who are appointed prior to 01.11.2005 in the 100% aided schools and not the DCP Scheme unless specifically opted by the employees. All the employees who have not applied for the DCP Scheme and the present petitioners, having not opted for the DCP Scheme, ought to have been granted the benefit of the old pension scheme. We do not find any substance in the submission by learned AGP that a specific mention has to be made and liberty is required to be given to the respondents to verify the record and then take a decision in the [29]

matter. When the entitlement is declared by the Court, the verification will not assume importance and it would be limited only to the extent of calculation. Under the said circumstance, we grant identical reliefs to the present petitioners. Hence, the following order :- O R D E R

i) Writ Petitions are allowed.

ii) The petitioners are entitled to be governed under the old pension scheme i.e. Maharashtra Civil Services (Pension) Rules, 1982 and Maharashtra Civil Services (Commutation of Pension) Rules, 1984 and provisions of General Provident Fund is applicable to Petitioners who are either Assistant Teachers or Non-Teaching employees, appointed prior to 1st November 2005.

iii) The respondents shall extend the benefits of the old pension scheme to the petitioners and shall not deduct any amount from the salary of the petitioners by applying the DCP Scheme (New Pension Scheme). In the event, any amount has been deducted by applying the DCP Scheme, such amount shall be refunded to the petitioners within a period of four weeks from the receipt of this order.

iv) The respondents shall allot the General Provident Fund Account (GPF Account) to the petitioners and thereafter, permit the [30]

educational institutions to deduct the amount of monthly contribution from the monthly salary of the petitioners and deposit the same in the said GPF Account which shall be done within a period of six weeks from the receipt of this order.

v) The Management is directed to submit the pension proposal as regards to the eligible retired employees and to take necessary steps thereof.

vi) Rule is made absolute in the above terms. [ HITEN S. VENEGAVKAR ]

[ SMT. VIBHA KANKANWADI ] JUDGE JUDGE scm [31]