Case Note & Summary
The petitioner, Ms. Anjali w/o Anil Tanksale, filed a writ petition before the Bombay High Court, Nagpur Bench, seeking the benefit of the Old Pension Scheme. She was appointed as a teacher in Somalwar Junior College, Nagpur, on 01-07-2005, prior to the cut-off date of 01-11-2005. The State Government had issued a Government Resolution dated 31-10-2005 introducing the Defined Contributory Pension Scheme (DCPS) for government servants recruited on or after 01-11-2005, including employees of recognized and aided educational institutions. The petitioner's grievance was that she was denied the Old Pension Scheme despite her appointment before the cut-off date. The Full Bench of the Bombay High Court in Deshmukh Dilipkumar Bhagwan and others v. State of Maharashtra and others, 2019(3) Mh.L.J. 903, had held that the Old Pension Scheme applies to employees appointed prior to 01-11-2005 in recognized primary, secondary schools or colleges of education which were receiving 100% grant-in-aid as on 01-11-2005. The court noted that the grounds for denial were discernible from a communication dated 07-08-2006 from the Deputy Director of Vocational Education and Training. The court directed the respondents to consider the petitioner's claim for Old Pension Scheme in light of the Full Bench judgment and the Government Resolution dated 31-10-2005, and to pass a reasoned order within four weeks. The petition was disposed of accordingly.
Headnote
A) Service Law - Pension - Old Pension Scheme vs. Defined Contributory Pension Scheme - Cut-off Date - The petitioner, appointed as a teacher in a junior college on 01-07-2005, sought the benefit of the Old Pension Scheme. The Full Bench of the Bombay High Court in Deshmukh Dilipkumar Bhagwan and others v. State of Maharashtra and others, 2019(3) Mh.L.J. 903, held that the Old Pension Scheme applies to employees appointed prior to 01-11-2005 in recognized primary, secondary schools or colleges of education which were receiving 100% grant-in-aid as on 01-11-2005. The court directed the respondents to consider the petitioner's claim for Old Pension Scheme in light of the Full Bench judgment and the Government Resolution dated 31-10-2005, and to pass a reasoned order within four weeks. (Paras 1-5)
Issue of Consideration
Whether the petitioner, appointed as a teacher in a junior college prior to 01-11-2005, is entitled to the benefit of the Old Pension Scheme despite the college not being a 100% grant-in-aid institution as on the cut-off date.
Final Decision
The court directed the respondents to consider the petitioner's claim for Old Pension Scheme in light of the Full Bench judgment in Deshmukh Dilipkumar Bhagwan and others v. State of Maharashtra and others, 2019(3) Mh.L.J. 903 and the Government Resolution dated 31-10-2005, and to pass a reasoned order within four weeks. The petition was disposed of.
Law Points
- Old Pension Scheme
- Defined Contributory Pension Scheme
- cut-off date
- 100% grant-in-aid
- recognized educational institutions
