Case Note & Summary
The writ petitions under Article 226 of the Constitution of India were filed by employees of fully aided schools seeking declaration that they are governed under the old pension scheme, namely the Maharashtra Civil Services (Pension) Rules, 1982 and Maharashtra Civil Services (Communication of Pension) Rules, 1984, along with General Provident Fund, and to restrain the respondents from enforcing the new Defined Contribution Pension Scheme. The petitioners claimed that they were appointed prior to 1 November 2005 to part-time posts and were therefore entitled to the old pension scheme. The challenge to the Government Resolution dated 29 November 2010 was not pressed. The court heard the parties and reserved judgment on 7 September 2021, pronouncing it on 1 October 2021. The petitioners' counsel relied on a series of prior decisions of the Bombay High Court, including Jyoti Prakash Chougule v. State of Maharashtra, Deshmukh Dilipkumar Bhagwan v. State of Maharashtra (Full Bench), and others, arguing that the services of employees of educational institutions are counted from the first date of appointment irrespective of part-time or full-time status, and that where such appointment is prior to 1 November 2005, the old pension scheme applies. The Full Bench had added the condition that employees appointed prior to 1 November 2005 must be employed in aided education institutions receiving 100% grant-in-aid prior to that date to be granted the old pension scheme. The provided judgment text ends mid-argument and does not contain the final decision or operative directions.
Headnote
A) Service Law - Pension and Retirement Benefits - Applicability of Old Pension Scheme - Maharashtra Civil Services (Pension) Rules, 1982 and Maharashtra Civil Services (Communication of Pension) Rules, 1984 - Petitioners employed in fully aided schools and appointed before 1 November 2005 to part-time posts sought declaration that old pension scheme applies to them; the court considered that prior decisions consistently held services of employees of educational institutions are counted from first date of appointment irrespective of part-time or full-time status (Paras 3-8). B) Constitutional Law - Writ Jurisdiction - Article 226 of Constitution of India - Petitioners filed writ petition under Article 226 seeking declaration and directions; challenge to Government Resolution dated 29 November 2010 was not pressed (Paras 3-4). C) Education Law - Aided Educational Institutions - Condition of 100% Grant-in-Aid - Full Bench decision in Deshmukh Dilipkumar Bhagwan v. State of Maharashtra, Writ Petition No. 8387 of 2013 (Bombay Bench) - Employees appointed prior to 1 November 2005 must be employed in aided institutions receiving 100% grant-in-aid prior to 1 November 2005 to be entitled to old pension scheme (Paras 7-8).
Issue of Consideration
Whether employees appointed prior to 1 November 2005 to part-time posts in fully aided schools are entitled to old pension scheme under Maharashtra Civil Services (Pension) Rules, 1982 and whether the new Defined Contribution Pension Scheme can be applied to them
Final Decision
Not mentioned in the provided text
Law Points
- Services of employees of educational institutions counted from first date of appointment irrespective of part-time or full-time
- employees appointed prior to 1 November 2005 in aided institutions receiving 100% grant-in-aid entitled to old pension scheme under Maharashtra Civil Services (Pension) Rules
- 1982
- challenge to Government Resolution dated 29 November 2010 not pressed
