Bombay High Court Upholds Compassionate Appointees in Old Pension Scheme Eligibility. Government Resolution 2024 Excludes Employees Selected Before 1 November 2005 from DCPS; Names in Select List Prior to Cut-off Date Entitled to OPS.

Writ petition under Article 226 of the Constitution seeking mandamus and declaration for entitlement to Old Pension Scheme under Maharashtra Civil Service (Pension) Rules 1982 and GPF instead of DCPS/NPS.

Petitioners sought writ of mandamus directing employer to extend benefits under Maharashtra Civil Service (Pension) Rules 1982 and existing General Provident Fund Scheme, and declaration that they are entitled to pensionary benefits under the said Rules by virtue of Maharashtra Zilla Parishad and Panchayat Samitis Act, 1961.

Petitioners, appointed on compassionate basis after cut-off date 1 November 2005, were being covered under DCPS despite their names being included in select list before 1 November 2005, and claimed entitlement to OPS under GR dated 1 October 2024.

No prior judicial decisions mentioned in judgment; only administrative Government Resolutions dated 31 October 2005 and 1 October 2024 were considered.

Whether the Petitioners, whose names were included in the selection list for compassionate appointment before 1 November 2005 but who were appointed after that date, are entitled to Old Pension Scheme under Government Resolution dated 1 October 2024, Clause No.2(1). Whether the State's Government Resolution dated 31 October 2005 prescribing DCPS for appointees after 1 November 2005 applies to compassionate appointees selected before that date.

Petitioners argued that their names were included in the select list before 1 November 2005 and they were appointed on compassionate basis after that date, hence Clause No.2(1) of GR dated 1 October 2024 excludes them from DCPS and they are entitled to OPS. Respondent/State through learned AGP strenuously opposed the petition, arguing against applicability of OPS, but no detailed submissions noted in judgment because court found factual matrix clear.

Employees whose names were included in the selection list for compassionate appointment before 1 November 2005 and who were appointed on compassionate basis after 1 November 2005 are not covered by the DCPS under Government Resolution dated 31 October 2005; Clause No.2(1) of Government Resolution dated 1 October 2024 explicitly excludes such employees from DCPS and thus they are entitled to Old Pension Scheme under Maharashtra Civil Service (Pension) Rules 1982 and GPF.

All these Petitioners claim that they are entitled for the Old Pension Scheme (hereinafter referred to as ‘OPS’) and not the New Defined Contributory Scheme (hereinafter referred to as ‘DCPS’). This Government Resolution dated 01.11.2005, shall not apply to employees whose names were included in the selection list before 01.11.2005 and were appointed on compassionate basis after 01.11.2005. In view of the above, though the learned AGP has strenuously opposed this Petition, we find that nothing more is to be looked into since the dates and events are crystal clear and the cases of the Petitioners are squarely covered under Clause No.2(1). The State Authorities would proceed to initiate steps for completing the formalities for including the Petitioners in the OPS.

Petitioners filed Writ Petition No. 14481 of 2023 before Bombay High Court seeking OPS benefits. On 10 July 2025, the Division Bench heard the matter finally with consent. Prayer Clause (c) was not pressed and treated as deleted. The Court allowed the petition in terms of Prayer Clauses (a) and (b).

• Constitution of India: Article 226
• Maharashtra Civil Service (Pension) Rules, 1982:
• Maharashtra Zilla Parishad and Panchayat Samitis Act, 1961: