CAPTAIN RAOSAHEB DAYARAM SURYAWANSHI vs. THE STATE OF MAHARASHTRA AND OTHERS

2026:BHC-AUG:8400-DB
WP 8548/22 & Ors.
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 8548 OF 2022
Dattatrya Patingrao Borse,
Age 59 years, Occu. Retired Physical Instructor
R/o. Jalod Road, Amalner,
Tq. Amalner, District Jalgaon … Petitioner.
Vs.
1. The State of Maharashtra,
Through its Secretary,
Department of School Education,
Mantralaya, Mumbai – 400 032.
2. The Deputy Director of Education,
Nasik Division, Nasik.
3. The Educational Officer (Secondary),
Zilla parishad, Jalgaon.
4. The Principal,
Vijay Nana Patil Army School and Jr. College,
Amalner, Tq. Amalner, Dist. Jalgaon. ...Respondents.
...
WITH
WRIT PETITION NO. 200 OF 2019
Captain Raosaheb Dayaram Suryawanshi,
Age 58 years, Occu. Retired Physical Instructor
R/o. Vikas Colony, Phagne,
Taluka and District Dhule. … Petitioner.
Vs.
1. The State of Maharashtra,
Through its Secretary,
Department of School Education,
Mantralaya, Mumbai – 400 032.

WP 8548/22 & Ors.
2
2. The Deputy Director of Education,
Nasik Division, Nasik.
3. The Educational Officer (Secondary),
Zilla Parishad, Jalgaon. ...Respondents.
...
WITH
WRIT PETITION NO. 1194 OF 2023
Hemant s/o Baban Pawar
Age 43 years, Occu. Service as
Assistant Teacher (Jr. College)
presently working with Sun
Pharma Secondary & Higher
Secondary School Nagapur,
Tq. & Dist. Ahmednagar. ...Petitioner.
Vs.
1. The State of Maharashtra
Through its Secretary,
Finance Department,
State of Maharashtra,
Mantralaya, Mumbai – 32.
2. The Secretary,
School Education and Sports
Department, Mantralaya,
Mumbai – 32.
3. The Deputy Director of Education,
Pune Region, Pune, Dist. Pune.
4. The Education Officer (Secondary),
Zilla Parishad, Ahmednagar,
Dist. Ahmednagar.
5. The Superintendent,
Pay and Provident Fund Unit
Education Department, Ahmednagar,
Dist. Ahmednagar.
6. The President/Secretary,

WP 8548/22 & Ors.
3
Gramin Vikas Mandal Nagapur,
Tq. & Dist. Ahmednagar.
7. The Headmaster
Sun Pharma Secondary & Higher
Secondary School, Nagapur,
Tq. & Dist. Ahmednagar. ...Respondents.
...
WITH
WRIT PETITION NO. 9922 OF 2023
Sanjay s/o. Somnath Wale,
Age 49 years, Occu. Service as
Assistant Teacher presently working with
Chandaneshwar Secondary & Higher
Secondary School, Chandanapuri,
Tq. Sangamner, Dist. Ahmednagar. ...Petitioner.
Vs.
1. The State of Maharashtra
Through its Secretary,
Finance Department,
State of Maharashtra,
Mantralaya, Mumbai – 32.
2. The Secretary,
School Education and Sports
Department, Mantralaya,
Mumbai – 32.
3. The Dy. Director of Education,
Pune Region, Pune.
4. The Education Officer (Secondary),
Zilla Parishad, Ahmednagar,
Dist. Ahmednagar.
5. The Superintendent (Secondary),
Pay and Provident Fund Unit
Education Department, Ahmednagar,
Dist. Ahmednagar.

WP 8548/22 & Ors.
4
6. The President/Secretary,
Janata Shikshan Prasark Mandal
Chandanapuri, Tq. Sangamner,
Dist. Ahmednagar.
7. The Headmaster
Chandaneshwar Secondary &
Higher Secondary School, Chandanapuri,
Tq. Sangamner, Dist. Ahmednagar. ...Respondents.
…
WITH
WRIT PETITION NO. 9929 OF 2023
Ramnath s/o Bhausaheb Varpe
Age 52 years, Occu. Service as
Assistant Teacher presently working with
Chandaneshwar Secondary & Higher
Secondary School, Chandanapuri,
Tq. Sangamner, Dist. Ahmednagar. ...Petitioner.
Vs.
1. The State of Maharashtra
Through its Secretary,
Finance Department,
State of Maharashtra,
Mantralaya, Mumbai – 32.
2. The Secretary,
School Education and Sports
Department, Mantralaya,
Mumbai – 32.
3. The Dy. Director of Education,
Pune Region, Pune.
4. The Education Officer (Secondary),
Zilla Parishad, Ahmednagar,
Dist. Ahmednagar.
5. The Superintendent (Secondary),
Pay and Provident Fund Unit

WP 8548/22 & Ors.
5
Education Department, Ahmednagar,
Dist. Ahmednagar.
6. The President/Secretary,
Janata Shikshan Prasark Mandal
Chandanapuri, Tq. Sangamner,
Dist. Ahmednagar.
7. The Headmaster
Chandaneshwar Secondary &
Higher Secondary School, Chandanapuri,
Tq. Sangamner, Dist. Ahmednagar. ...Respondents.
…
WITH
WRIT PETITION NO. 9866 OF 2023
Shaikh Ayajahmed Kankarbhai
Age 47 years, Occu. Service as
Assistant Teacher presently working with
Shri Sangameshwar Madhyamik
Vidyalaya, Walunjpoi, Tq. Rahuri,
Dist. Ahmednagar. ...Petitioner.
Vs.
1. The State of Maharashtra
Through its Secretary,
Finance Department,
State of Maharashtra,
Mantralaya, Mumbai – 32.
2. The Secretary,
School Education and Sports
Department, Mantralaya,
Mumbai – 32.
3. The Dy. Director of Education,
Pune Region, Pune.
4. The Education Officer (Secondary),
Zilla Parishad, Ahmednagar,
Dist. Ahmednagar.

WP 8548/22 & Ors.
6
5. The Superintendent,
Pay and Provident Fund Unit
Education Department, Ahmednagar,
Dist. Ahmednagar.
6. The President/Secretary,
Shri. Laxminarayan Pratishthan,
Shri. Shivajinagar, Tq. Rahuri,
Dist. Ahmednagar.
7. The Headmaster
Shri Sangameshwar Madhyamik Vidyalaya,
Walunjbhai, Tq. Rahuri, Dist. Ahmednagar. ...Respondents.
…
WITH
WRIT PETITION NO. 9869 OF 2023
Somnath s/o Baban Kohakade
Age 52 years, Occu. Service as
Assistant Teacher presently working with
Shri Narayangiri Maharaj Vidyalaya,
Tq. Rahuri, Dist. Ahmednagar. ...Petitioner.
Vs.
1. The State of Maharashtra
Through its Secretary,
Finance Department,
State of Maharashtra,
Mantralaya, Mumbai – 32.
2. The Secretary,
School Education and Sports
Department, Mantralaya,
Mumbai – 32.
3. The Dy. Director of Education,
Pune Region, Pune.
4. The Education Officer (Secondary),
Zilla Parishad, Ahmednagar,

WP 8548/22 & Ors.
7
Dist. Ahmednagar.
5. The Superintendent,
Pay and Provident Fund Unit
Education Department, Ahmednagar,
Dist. Ahmednagar.
6. The President/Secretary,
Shri. Laxminarayan Pratishthan,
Shri. Shivajinagar, Tq. Rahuri,
Dist. Ahmednagar.
7. The Headmaster
Shri. Narayangiri Maharaj Vidyalaya,
Malharwadim Tq. Rahuri, Dist. Ahmednagar. ...Respondents.
…
WITH
WRIT PETITION NO. 9897 OF 2023
Smt. Janhavi Vinod Gadge @
Janhavi Bhaskar Narsale,
Age 53 years, Occu. Service as
Assistant Teacher (Jr. College)
presently working with Sun Pharma Secondary
and Higher Secondary School Nagapur,
Tq. & Dist. Ahmednagar. ...Petitioner.
Vs.
1. The State of Maharashtra
Through its Secretary,
Finance Department,
State of Maharashtra,
Mantralaya, Mumbai – 32.
2. The Secretary,
School Education and Sports
Department, Mantralaya,
Mumbai – 32.
3. The Deputy Director of Education,
Pune Region, Pune, Dist. Pune.

WP 8548/22 & Ors.
8
4. The Education Officer (Secondary),
Zilla Parishad, Ahmednagar,
Dist. Ahmednagar.
5. The Superintendent,
Pay and Provident Fund Unit
Education Department, Ahmednagar,
Dist. Ahmednagar.
6. The President/Secretary,
Gramin Vikas Mandal Nagapur,
Tq. & Dist. Ahmednagar.
7. The Headmaster
Sun Pharma Secondary & Higher
Secondary School, Nagapur,
Tq. & Dist. Ahmednagar. ...Respondents.
…
WITH
WRIT PETITION NO. 9891 OF 2023
Smt. Asha Rambhau Gund @
Asha Shivaji Bhongal,
Age 51 years, Occu. Service as
Assistant Teacher (Jr. College)
presently working with Sun Pharma Secondary
and Higher Secondary School Nagapur,
Tq. & Dist. Ahmednagar. ...Petitioner.
Vs.
1. The State of Maharashtra
Through its Secretary,
Finance Department,
State of Maharashtra,
Mantralaya, Mumbai – 32.
2. The Secretary,
School Education and Sports
Department, Mantralaya,
Mumbai – 32.

WP 8548/22 & Ors.
9
3. The Deputy Director of Education,
Pune Region, Pune, Dist. Pune.
4. The Education Officer (Secondary),
Zilla Parishad, Ahmednagar,
Dist. Ahmednagar.
5. The Superintendent,
Pay and Provident Fund Unit
Education Department, Ahmednagar,
Dist. Ahmednagar.
6. The President/Secretary,
Gramin Vikas Mandal Nagapur,
Tq. & Dist. Ahmednagar.
7. The Headmaster
Sun Pharma Secondary & Higher
Secondary School, Nagapur,
Tq. & Dist. Ahmednagar. ...Respondents.
…
WITH
WRIT PETITION NO. 9893 OF 2023
Satish s/o Kanakchand Bansode,
Age 57 years, Occu. Service as
Assistant Teacher (Jr. College)
presently working with Sun Pharma Secondary
and Higher Secondary School Nagapur,
Tq. & Dist. Ahmednagar. ...Petitioner.
Vs.
1. The State of Maharashtra
Through its Secretary,
Finance Department,
State of Maharashtra,
Mantralaya, Mumbai – 32.
2. The Secretary,
School Education and Sports

WP 8548/22 & Ors.
10
Department, Mantralaya,
Mumbai – 32.
3. The Deputy Director of Education,
Pune Region, Pune, Dist. Pune.
4. The Education Officer (Secondary),
Zilla Parishad, Ahmednagar,
Dist. Ahmednagar.
5. The Superintendent,
Pay and Provident Fund Unit
Education Department, Ahmednagar,
Dist. Ahmednagar.
6. The President/Secretary,
Gramin Vikas Mandal Nagapur,
Tq. & Dist. Ahmednagar.
7. The Headmaster
Sun Pharma Secondary & Higher
Secondary School, Nagapur,
Tq. & Dist. Ahmednagar. ...Respondents.
…
WITH
WRIT PETITION NO. 9777 OF 2023
Sampat s/o. Dagadu Thitame
Age 59 years, Occu. Retired,
R/o. Savargaontal, Tq. Sangamner,
Dist. Ahmednagar. ...Petitioner.
Vs.
1. The State of Maharashtra
Through its Secretary,
Finance Department,
State of Maharashtra,
Mantralaya, Mumbai – 32.
2. The Secretary,
School Education and Sports

WP 8548/22 & Ors.
11
Department, Mantralaya,
Mumbai – 32.
3. The Dy. Director of Education,
Pune Region, Pune, Dist. Pune.
4. The Education Officer (Secondary),
Zilla Parishad, Ahmednagar,
Dist. Ahmednagar.
5. The Superintendent,
Pay and Provident Fund Unit
Education Department, Ahmednagar,
Dist. Ahmednagar.
6. The Principal,
Chandaneshwar Secondary &
Higher Secondary School,
Chandanapuri, Tq. Sangmner,
Dist. Ahmednagar. ...Respondents.
…
WITH
WRIT PETITION NO. 9873 OF 2023
Ravindra s/o Sitaram Jadhav,
Age 45 years, Occu. Service as
Assistant Teacher presently working
with Anandvan Vidyalaya,
Ghulewadi, Tq. Sangamner,
Dist. Ahmednagar. ...Petitioner.
Vs.
1. The State of Maharashtra
Through its Secretary,
Finance Department,
State of Maharashtra,
Mantralaya, Mumbai – 32.
2. The Secretary,
School Education and Sports
Department, Mantralaya,

WP 8548/22 & Ors.
12
Mumbai – 32.
3. The Deputy Director of Education,
Pune Region, Pune, Dist. Pune.
4. The Education Officer (Primary),
Zilla Parishad, Ahmednagar,
Dist. Ahmednagar.
5. The Superintendent,
Pay and Provident Fund Unit
Education Department, Ahmednagar,
Dist. Ahmednagar.
6. The President/Secretary,
Vidya Prabhodhini Sanstha
Urdhva Pravara Prakalpa Vasahat,
Ghulewadi, Tq. Sangamner,
Dist. Ahmednagar.
7. The Headmaster
Anandvan Vidyalaya Ghulewadi,
Tq. Sangamner, Dist. Ahmednagar. ...Respondents.
…
WITH
WRIT PETITION NO. 9868 OF 2023
Parshuram s/o Vasant Raut,
Age 50 years, Occu. Service as
Assistant Teacher presently working
with Terna Sakhar Karkhana Secondary
& Higher Secondary School, Ternanagar,
Tq. & Dist. Osmanabad. ...Petitioner.
Vs.
1. The State of Maharashtra
Through its Secretary,
Finance Department,
State of Maharashtra,
Mantralaya, Mumbai – 32.

WP 8548/22 & Ors.
13
2. The Secretary,
School Education and Sports
Department, Mantralaya,
Mumbai – 32.
3. The Education Officer (Secondary),
Zilla Parishad, Osmanabad,
Dist. Osmanabad.
4. The Superintendent,
Pay and Provident Fund Unit
Education Department, Osmanabad,
Dist. Osmananad.
5. The President/Secretary,
Terna Shetkari Sahakari Sakhar
Karkhana Ltd. Dhoki (Ternanagar)
Tq. & Dist. Osmanabad.
6. The Headmaster
Terna Sakhar Karkhana Secondary
& Higher Secondary School, Ternanagar,
Tq. & Dist. Osmanabad. ...Respondents.
…
WITH
WRIT PETITION NO. 8878 OF 2023
Dnyaneshwar s/o Goroba Deshmukh
Age 44 years, Occu. Service as
Assistant Teacher presently working
with Terna Sakhar Karkhana Secondary
& Higher Secondary School, Ternanagar,
Dhoki, Tq. & Dist. Osmanabad. ...Petitioner.
Vs.
1. The State of Maharashtra
Through its Secretary,
Finance Department,
State of Maharashtra,
Mantralaya, Mumbai – 32.

WP 8548/22 & Ors.
14
2. The Secretary,
School Education and Sports
Department, Mantralaya,
Mumbai – 32.
3. The Education Officer (Secondary),
Zilla Parishad, Osmanabad,
Dist. Osmanabad.
4. The Superintendent,
Pay and Provident Fund Unit
Education Department, Osmanabad,
Dist. Osmananad.
5. The President/Secretary,
Terna Shetkari Sahakari Sakhar
Karkhana Ltd. Dhoki (Ternanagar)
Tq. & Dist. Dharashiv (Osmanabad)
6. The Headmaster
Terna Sakhar Karkhana Secondary
& Higher Secondary School, Ternanagar,
Tq. & Dist. Dharashiv (Osmanabad) ...Respondents.
…
WITH
WRIT PETITION NO. 9867 OF 2023
Zafar s/o. Mukhtar Shaikh
Age 42 years, Occu. Service as Peon
(Sevak) presently working with
Upali High School Upali, Tq. Wadwani,
Dist. Beed. ...Petitioner.
Vs.
1. The State of Maharashtra
Through its Secretary,
Finance Department,
State of Maharashtra,
Mantralaya, Mumbai – 32.
2. The Secretary,

WP 8548/22 & Ors.
15
School Education and Sports
Department, Mantralaya,
Mumbai – 32.
3. The Education Officer (Secondary),
Zilla Parishad, Beed, Dist. Beed.
4. The Superintendent,
Pay and Provident Fund Unit
Education Department, Beed,
Dist. Beed.
5. The President/Secretary,
Mahatma Jyotiba Phule Shikshan
Prasark Mandal Upali, Tq. Wadwani,
Dist. Beed.
6. The Headmaster
Upali High School, Upali,
Tq. Wadwani, Dist. Beed. ...Respondents.
…
WITH
WRIT PETITION NO. 9862 OF 2023
Manjabapu s/o Kashinath Urhe
Age 47 years, Occu. Service as
Vice-Principal presently working with
Arts, Science & Commerce College,
Rahuri, Tq. Rahuri, Dist. Ahmednagar. ...Petitioner.
Vs.
1. The State of Maharashtra
Through its Secretary,
Finance Department,
State of Maharashtra,
Mantralaya, Mumbai – 32.
2. The Secretary,
School Education and Sports
Department, Mantralaya,
Mumbai – 32.

WP 8548/22 & Ors.
16
3. The Deputy Director of Education,
Pune Region, Pune-1.
4. The Education Officer (Secondary),
Zilla Parishad, Ahmednagar
5. The Superintendent,
Pay and Provident Fund Unit
Education Department, Ahmednagar,
Dist. Ahmednagar.
6. The President/Secretary,
Shri. Shivaji Shikshan Prasark Mandal,
Shri. Shivajinagar, Tq. Rahuri,
Dist. Ahmednagar.
7. The Principal
Arts, Science and Commerce College,
Rahuri, Tq. Rahuri, Dist. Ahmednagar. ...Respondents.
…
WITH
WRIT PETITION NO. 9863 OF 2023
Smt. Preeti Avinash Joshi
Age 44 years, Occu. Service as
Assistant Teacher presently working with
Arts, Science & Commerce College,
Rahuri, Tq. Rahuri, Dist. Ahmednagar. ...Petitioner.
Vs.
1. The State of Maharashtra
Through its Secretary,
Finance Department,
State of Maharashtra,
Mantralaya, Mumbai – 32.
2. The Secretary,
School Education and Sports
Department, Mantralaya,
Mumbai – 32.

WP 8548/22 & Ors.
17
3. The Deputy Director of Education,
Pune Region, Pune-1.
4. The Education Officer (Secondary),
Zilla Parishad, Ahmednagar
5. The Superintendent,
Pay and Provident Fund Unit
Education Department, Ahmednagar,
Dist. Ahmednagar.
6. The President/Secretary,
Shri. Shivaji Shikshan Prasark Mandal,
Shri. Shivajinagar, Tq. Rahuri,
Dist. Ahmednagar.
7. The Principal
Arts, Science and Commerce College,
Rahuri, Tq. Rahuri, Dist. Ahmednagar. ...Respondents.
…
WITH
WRIT PETITION NO. 8873 OF 2023
Dadasaheb s/o Ravsaheb Borde
Age 41 years, Occu. Service as
Assistant Teacher presently working with
Atma Malik Prathamik Gurukul,
Kokamthan, Tq. Kopargaon, Dist. Ahmednagar. ...Petitioner.
Vs.
1. The State of Maharashtra
Through its Secretary,
Finance Department,
State of Maharashtra,
Mantralaya, Mumbai – 32.
2. The Secretary,
School Education and Sports
Department, Mantralaya,
Mumbai – 32.

WP 8548/22 & Ors.
18
3. The Dy. Director of Education,
Pune Region, Pune.
4. The Education Officer (Primary),
Zilla Parishad, Ahmednagar,
Dist. Ahmednagar.
5. The Superintendent,
Pay and Provident Fund Unit
Education Department, Ahmednagar,
Dist. Ahmednagar.
6. The President/Secretary,
Vishwatmak Jangali Maharaj
Ashram Trust, Kokamthan,
Tq. Kopargaon, Dist. Ahmednagar.
7. The Headmaster
Atma Malik Prathamik Gurukul,
Kokamthan, Tq. Kopargaon,
Dist. Ahmednagar. ...Respondents.
…
WITH
WRIT PETITION NO. 7336 OF 2023
Shaikh Nuzhat Sultana Mohammad Ishaque
Age 64 years, Occu. Retired,
R/o. Kila Maidan, Balbhim Chowk,
Opp. Milliya College, Beed,
Tq. & Dist. Beed. ...Petitioner.
Vs.
1. The State of Maharashtra
Through its Secretary,
Finance Department,
State of Maharashtra,
Mantralaya, Mumbai – 32.
2. The Secretary,
School Education and Sports

WP 8548/22 & Ors.
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Department, Mantralaya,
Mumbai – 32.
3. The Education Officer (Secondary),
Zilla Parishad, Beed, Dist. Beed.
4. The Superintendent,
Pay and Provident Fund Unit
Education Department, Beed,
Dist. Beed.
5. The Headmaster
Milliya Girl’s High School,
Beed, Killa Maidan, Beed.
Tq. & Dist. Beed. ...Respondents.
…
WITH
WRIT PETITION NO. 9864 OF 2023
Rajesh s/o Nilkanth Kohok
Age 55 years, Occu. Service as
Supervisor presently working with
Arts, Science & Commerce College,
Rahuri, Tq. Rahuri, Dist. Ahmednagar. ...Petitioner.
Vs.
1. The State of Maharashtra
Through its Secretary,
Finance Department,
State of Maharashtra,
Mantralaya, Mumbai – 32.
2. The Secretary,
School Education and Sports
Department, Mantralaya,
Mumbai – 32.
3. The Deputy Director of Education,
Pune Region, Pune-1.
4. The Education Officer (Secondary),

WP 8548/22 & Ors.
20
Zilla Parishad, Ahmednagar
5. The Superintendent,
Pay and Provident Fund Unit
Education Department, Ahmednagar,
Dist. Ahmednagar.
6. The President/Secretary,
Shri. Shivaji Shikshan Prasark Mandal,
Shri. Shivajinagar, Tq. Rahuri,
Dist. Ahmednagar.
7. The Principal
Arts, Science and Commerce College,
Rahuri, Tq. Rahuri, Dist. Ahmednagar. ...Respondents.
…
WITH
WRIT PETITION NO. 9876 OF 2023
Smt. Pramila Tukaram Marbhal
Age 43 years, Occu. Service as
Assistant Teacher presently working with
Arts, Science & Commerce College,
Rahuri, Tq. Rahuri, Dist. Ahmednagar. ...Petitioner.
Vs.
1. The State of Maharashtra
Through its Secretary,
Finance Department,
State of Maharashtra,
Mantralaya, Mumbai – 32.
2. The Secretary,
School Education and Sports
Department, Mantralaya,
Mumbai – 32.
3. The Deputy Director of Education,
Pune Region, Pune-1.
4. The Education Officer (Secondary),

WP 8548/22 & Ors.
21
Zilla Parishad, Ahmednagar
5. The Superintendent,
Pay and Provident Fund Unit
Education Department, Ahmednagar,
Dist. Ahmednagar.
6. The President/Secretary,
Shri. Shivaji Shikshan Prasark Mandal,
Shri. Shivajinagar, Tq. Rahuri,
Dist. Ahmednagar.
7. The Principal
Arts, Science and Commerce College,
Rahuri, Tq. Rahuri, Dist. Ahmednagar. ...Respondents.
...
WITH
WRIT PETITION NO. 9860 OF 2023
Nilesh s/o Bhausaheb Gosavi
Age 43 years, Occu. Service as
Assistant Teacher presently working with
Arts, Science & Commerce College,
Rahuri, Tq. Rahuri, Dist. Ahmednagar. ...Petitioner.
Vs.
1. The State of Maharashtra
Through its Secretary,
Finance Department,
State of Maharashtra,
Mantralaya, Mumbai – 32.
2. The Secretary,
School Education and Sports
Department, Mantralaya,
Mumbai – 32.
3. The Deputy Director of Education,
Pune Region, Pune-1.
4. The Education Officer (Secondary),

WP 8548/22 & Ors.
22
Zilla Parishad, Ahmednagar
5. The Superintendent,
Pay and Provident Fund Unit
Education Department, Ahmednagar,
Dist. Ahmednagar.
6. The President/Secretary,
Shri. Shivaji Shikshan Prasark Mandal,
Shri. Shivajinagar, Tq. Rahuri,
Dist. Ahmednagar.
7. The Headmaster
Arts, Science and Commerce College,
Rahuri, Tq. Rahuri, Dist. Ahmednagar. ...Respondents.
...
WITH
WRIT PETITION NO. 9874 OF 2023
Appasaheb s/o Kacharu Adhav
Age 47 years, Occu. Service as
Assistant Teacher presently working with
Arts, Science & Commerce College,
Rahuri, Tq. Rahuri, Dist. Ahmednagar. ...Petitioner.
Vs.
1. The State of Maharashtra
Through its Secretary,
Finance Department,
State of Maharashtra,
Mantralaya, Mumbai – 32.
2. The Secretary,
School Education and Sports
Department, Mantralaya,
Mumbai – 32.
3. The Deputy Director of Education,
Pune Region, Pune-1.
4. The Education Officer (Secondary),

WP 8548/22 & Ors.
23
Zilla Parishad, Ahmednagar
5. The Superintendent,
Pay and Provident Fund Unit
Education Department, Ahmednagar,
Dist. Ahmednagar.
6. The President/Secretary,
Shri. Shivaji Shikshan Prasark Mandal,
Shri. Shivajinagar, Tq. Rahuri,
Dist. Ahmednagar.
7. The Principal
Arts, Science and Commerce College,
Rahuri, Tq. Rahuri, Dist. Ahmednagar. ...Respondents.
…
WITH
WRIT PETITION NO. 9841 OF 2023
Siddeshwar s/o Sangramappa Nijwante
Age 59 years, Occu. Retired
R/o. Hadolti, Tq. Ahmedpur,
Dist. Latur. ...Petitioner.
Vs.
1. The State of Maharashtra
Through its Secretary,
Finance Department,
State of Maharashtra,
Mantralaya, Mumbai – 32.
2. The Secretary,
School Education and Sports
Department, Mantralaya,
Mumbai – 32.
3. The Deputy Director of Education,
Latur Region, Latur, Dist. Latur.
4. The Education Officer (Secondary),
Zilla Parishad, Latur, Dist. Latur.

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5. The Superintendent,
Pay and Provident Fund Unit
Education Department, Latur,
Dist. Latur.
6. The Principal
Saraswati Higher Secondary School,
Wadwal (Na.), Tq. Chakur, Dist. Latur. ...Respondents.
…
WITH
WRIT PETITION NO. 9890 OF 2023
Nandlal s/o Totaram Patil,
Age 54 years, Occu. Service as
Assistant Teacher presently working with
Adarsh Madhyamik Vidyalaya Shirdi,
Tq. Rahata, Dist. Ahmednagar. ...Petitioner.
Vs.
1. The State of Maharashtra
Through its Secretary,
Finance Department,
State of Maharashtra,
Mantralaya, Mumbai – 32.
2. The Secretary,
School Education and Sports
Department, Mantralaya,
Mumbai – 32.
3. The Dy. Director of Education,
Pune Region, Pune
4. The Education Officer (Secondary),
Zilla Parishad, Ahmednagar
Dist. Ahmednagar.
5. The Superintendent,
Pay and Provident Fund Unit
Education Department, Ahmednagar,

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25
Dist. Ahmednagar.
6. The President/Secretary,
Shri. Saibaba Shikshan Prasarak
Mandal, Shirdi, Tq. Rahata,
Dist. Ahmednagar.
7. The Headmaster
Adarsh Madhyamik Vidyalaya Shirdi,
Tq. Rahata, Dist. Ahmednagar. ...Respondents.
…
WITH
WRIT PETITION NO. 9894 OF 2023
Samina Goher Mohammed Sofi
Age 53 years, Occu. Service as
Assistant Teacher presently working with
Secondary and Higher Secondary Girls
High School, Garkheda Parisar, Aurangabad,
Tq. & Dist. Aurangabad. ...Petitioner.
Vs.
1. The State of Maharashtra
Through its Secretary,
Finance Department,
State of Maharashtra,
Mantralaya, Mumbai – 32.
2. The Secretary,
School Education and Sports
Department, Mantralaya,
Mumbai – 32.
3. The Deputy Director of Education,
Aurangabad Region, Aurangabad.
4. The Education Officer (Secondary),
Zilla Parishad, Aurangabad.
5. The Superintendent,
Pay and Provident Fund Unit

WP 8548/22 & Ors.
26
Education Department, Aurangabad,
Dist. Aurangabad.
6. The President/Secretary,
Modern Shikshan Prasark Mandal,
Aurangabad, front of RTO Office,
Jahagirdar Colony, Railway Station,
Aurangabad, Dist. Aurangabad.
7. The Headmaster
Secondary and Higher Secondary Girls
High School, Garkheda Parisar, Aurangabad,
Dist. Aurangabad. ...Respondents.
…
WITH
WRIT PETITION NO. 9769 OF 2023
Babasaheb s/o. Bhagwanrao Markad
Age 59 years, Occu. Retired,
R/o. Madhi, Post Nivdunge,
Tq. Pathardi, Dist. Ahmednagar. ...Petitioner.
Vs.
1. The State of Maharashtra
Through its Secretary,
Finance Department,
State of Maharashtra,
Mantralaya, Mumbai – 32.
2. The Secretary,
School Education and Sports
Department, Mantralaya,
Mumbai – 32.
3. The Deputy Director of Education,
Pune Region, Pune, Dist. Pune.
4. The Sr. Accounts Officer,
Indian Audit & Accounts Department,
Officer of the Account General,
(Account & Entitlement)-1

WP 8548/22 & Ors.
27
Pratishta Bhavan (Old C G O Bld),
101, Maharshi Karve Marg,
nd
2 Flower, Mumbai – 100 020
5. The Education Officer (Secondary),
Zilla Parishad, Ahmednagar
Dist. Ahmednagar.
6. The Superintendent,
Pay and Provident Fund Unit
Education Department, Ahmednagar,
Dist. Ahmednagar.
7. The Headmaster
A.E.S. Mahesh Munot Vidyalaya,
Vambori, Tq. Rahuri,
Dist. Ahmednagar. ...Respondents.
…
WITH
WRIT PETITION NO. 10374 OF 2023
Shaukat s/o Ahmed Shaikh
Age 53 years, Occu. Service as
Assistant Teacher presently working with
Secondary and Higher Secondary Girls
High School, Garkheda Parisar, Aurangabad,
Tq. & Dist. Aurangabad. ...Petitioner.
Vs.
1. The State of Maharashtra
Through its Secretary,
Finance Department,
State of Maharashtra,
Mantralaya, Mumbai – 32.
2. The Secretary,
School Education and Sports
Department, Mantralaya,
Mumbai – 32.
3. The Deputy Director of Education,

WP 8548/22 & Ors.
28
Aurangabad Region, Aurangabad.
4. The Education Officer (Secondary),
Zilla Parishad, Aurangabad.
5. The Superintendent,
Pay and Provident Fund Unit
Education Department, Aurangabad,
Dist. Aurangabad. ...Respondents.
…
WITH
WRIT PETITION NO. 9898 OF 2023
Kailas s/o Genubhau Rahane,
Age 49 years, Occu. Services as
Assistant Teacher presently working
with Chandaneshwar Secondary & Higher
Secondary School, Chandanapuri,
Tq. Sangamner, Dist. Ahmednagar. ...Petitioner.
Vs.
1. The State of Maharashtra
Through its Secretary,
Finance Department,
State of Maharashtra,
Mantralaya, Mumbai – 32.
2. The Secretary,
School Education and Sports
Department, Mantralaya,
Mumbai – 32.
3. The Dy. Director of Education,
Pune Region, Pune
4. The Education Officer (Secondary),
Zilla Parishad, Ahmednagar,
Dist. Ahmednagar.
5. The Superintendent (Secondary),
Pay and Provident Fund Unit

WP 8548/22 & Ors.
29
Education Department, Ahmednagar,
Dist. Ahmednagar.
6. The President/Secretary,
Janata Shikshan Prasark Mandal
Chandanapuri, Tq. Sangamner,
Dist. Ahmednagar.
7. The Headmaster
Chandaneshwar Secondary &
Higher Secondary School, Chandanapuri,
Tq. Sangamner, Dist. Ahmednagar. ...Respondents.
…
WITH
WRIT PETITION NO. 9904 OF 2023
Ashok s/o. Changdeo Khemnar
Age 50 years, Occu. Services as
Headmaster presently working
with Chandaneshwar Secondary & Higher
Secondary School, Chandanapuri,
Tq. Sangamner, Dist. Ahmednagar. ...Petitioner.
Vs.
1. The State of Maharashtra
Through its Secretary,
Finance Department,
State of Maharashtra,
Mantralaya, Mumbai – 32.
2. The Secretary,
School Education and Sports
Department, Mantralaya,
Mumbai – 32.
3. The Dy. Director of Education,
Pune Region, Pune
4. The Education Officer (Secondary),
Zilla Parishad, Ahmednagar,
Dist. Ahmednagar.

WP 8548/22 & Ors.
30
5. The Superintendent (Secondary),
Pay and Provident Fund Unit
Education Department, Ahmednagar,
Dist. Ahmednagar.
6. The President/Secretary,
Janata Shikshan Prasark Mandal
Chandanapuri, Tq. Sangamner,
Dist. Ahmednagar.
7. The Headmaster
Chandaneshwar Secondary &
Higher Secondary School, Chandanapuri,
Tq. Sangamner, Dist. Ahmednagar. ...Respondents.
…
WITH
WRIT PETITION NO. 9892 OF 2023
Bajirao s/o. Dagadu Wakchaure
Age 50 years, Occu. Services as
Assistant Teacher presently working
with Chandaneshwar Secondary & Higher
Secondary School, Chandanapuri,
Tq. Sangamner, Dist. Ahmednagar. ...Petitioner.
Vs.
1. The State of Maharashtra
Through its Secretary,
Finance Department,
State of Maharashtra,
Mantralaya, Mumbai – 32.
2. The Secretary,
School Education and Sports
Department, Mantralaya,
Mumbai – 32.
3. The Dy. Director of Education,
Pune Region, Pune

WP 8548/22 & Ors.
31
4. The Education Officer (Secondary),
Zilla Parishad, Ahmednagar,
Dist. Ahmednagar.
5. The Superintendent (Secondary),
Pay and Provident Fund Unit
Education Department, Ahmednagar,
Dist. Ahmednagar.
6. The President/Secretary,
Janata Shikshan Prasark Mandal
Chandanapuri, Tq. Sangamner,
Dist. Ahmednagar.
7. The Headmaster
Chandaneshwar Secondary &
Higher Secondary School, Chandanapuri,
Tq. Sangamner, Dist. Ahmednagar. ...Respondents.
…
WITH
WRIT PETITION NO. 5646 OF 2023
Ashok s/o Gangaram Navgire
Age 60 years, Occu. Retired,
R/o. H.No. D-17, Waraj Nagar,
New Bhokardan, Jalna Road,
Bhokardan, Tq. Bhokardan,
Dist. Jalna. ...Petitioner.
Vs.
1. The State of Maharashtra
Through its Secretary,
Finance Department,
State of Maharashtra,
Mantralaya, Mumbai – 32.
2. The Secretary,
School Education and Sports
Department, Mantralaya,
Mumbai – 32.

WP 8548/22 & Ors.
32
3. The Dy. Director of Education,
Aurangabad Region, Aurangabad.
4. The Education Officer (Secondary),
Zilla Parishad, Jalna.
5. The Superintendent,
Pay and Provident Fund Unit
Education Department, Jalna,
Dist. Jalna.
6. The Principal,
Shri Rameshwar Arts, Commerce &
Science Jr. College, Bhokardan,
Tq. Bhokardan, Dist. Jalna. ...Respondents.
…
WITH
WRIT PETITION NO. 8877 OF 2023
Smt. Bharati Shankar Chaudhar @
Bharati Ramchandra Kekane
Age 48 years, Occu. Service as
Assistant Teacher presently working
with Anandvan Vidyalaya, Ghulewadi,
Tq. Sangamner, Dist. Ahmednagar. ...Petitioner.
Vs.
1. The State of Maharashtra
Through its Secretary,
Finance Department,
State of Maharashtra,
Mantralaya, Mumbai – 32.
2. The Secretary,
School Education and Sports
Department, Mantralaya,
Mumbai – 32.
3. The Deputy Director of Education,
Pune Region, Pune, Dist. Pune.

WP 8548/22 & Ors.
33
4. The Education Officer (Primary),
Zilla Parishad, Ahmednagar,
Dist. Ahmednagar.
5. The Superintendent,
Pay and Provident Fund Unit
Education Department, Ahmednagar,
Dist. Ahmednagar.
6. The President/Secretary,
Vidya Prabhodhini Sanstha
Urdhva Pravara Prakalpa Vasahat,
Ghulewadi, Tq. Sangamner,
Dist. Ahmednagar.
7. The Headmaster
Anandvan Vidyalaya Ghulewadi,
Tq. Sangamner, Dist. Ahmednagar. ...Respondents.
…
WITH
WRIT PETITION NO. 9930 OF 2023
Arun s/o. Sitaram Gunjal,
Age 49 years, Occu. Service as
Assistant Teacher presently working with
Chandaneshwar Secondary & Higher
Secondary School, Chandanapuri,
Tq. Sangamner, Dist. Ahmednagar. ...Petitioner.
Vs.
1. The State of Maharashtra
Through its Secretary,
Finance Department,
State of Maharashtra,
Mantralaya, Mumbai – 32.
2. The Secretary,
School Education and Sports
Department, Mantralaya,
Mumbai – 32.

WP 8548/22 & Ors.
34
3. The Dy. Director of Education,
Pune Region, Pune.
4. The Education Officer (Secondary),
Zilla Parishad, Ahmednagar,
Dist. Ahmednagar.
5. The Superintendent (Secondary),
Pay and Provident Fund Unit
Education Department, Ahmednagar,
Dist. Ahmednagar.
6. The President/Secretary,
Janata Shikshan Prasark Mandal
Chandanapuri, Tq. Sangamner,
Dist. Ahmednagar.
7. The Headmaster
Chandaneshwar Secondary &
Higher Secondary School, Chandanapuri,
Tq. Sangamner, Dist. Ahmednagar. ...Respondents.
…
WITH
WRIT PETITION NO. 14405 OF 2023
Smt. Janabai Jaysingh Chavan
Age 58 years, Occu. Retired,
R/o. Champavati Niwas,
Hanuman Mandir Road,
Shahu Nagar, Near D.Ed. College,
Beed, Tq. & Dist. Beed. ...Petitioner.
Vs.
1. The State of Maharashtra
Through its Secretary,
Finance Department,
State of Maharashtra,
Mantralaya, Mumbai – 32.
2. The Secretary,
School Education and Sports

WP 8548/22 & Ors.
35
Department, Mantralaya,
Mumbai – 32.
3. The Dy. Director of Education,
Aurangabad Region, Aurangabad.
4. The Education Officer (Secondary),
Zilla Parishad, Beed, Dist. Beed.
5. The Superintendent,
Pay and Provident Fund Unit
Education Department, Beed,
Dist. Beed.
6. The Headmaster
Shri Laxmanrao Jaher Madhyamik
Vidyalaya, Namalgaon Phata,
Beed, Tq. & Dist. Beed. ...Respondents.
…
Advocate for the Petitioners in WP 8548/22 & 200/19 : Mr. Majit Shaikh
Advocate.
Advocate for the Petitioners in other matters : Mr. Mahesh Deshmukh
Advocate a/w. Mr. K.D. Pote Advocate h/f. Mr. A.G. Ambetkar
AGP for Respondents/State authorities : Mr. A.R. Kale
Advocate for Respondent/Z.P., Ahmednagar : Ms. Suvarna M. Zaware
...
CORAM : ARUN R. PEDNEKER AND
VAISHALI PATIL-JADHAV, JJ.
Dated : February 25, 2026
PER COURT :-
1) Rule. Rule made returnable forthwith. Heard by consent of parties.
2) By the present writ petitions, the petitioners claim that they are
employees appointed prior to 31.10.2005 in the partially aided division of

WP 8548/22 & Ors.
36
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 Teachers/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 1.11.2005. 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 1.11.2005
and already stood retired within six weeks. The issue involved in these
petitions is common and is therefore taken up for consideration.
3) The 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.

WP 8548/22 & Ors.
37

WP 8548/22 & Ors.
38

WP 8548/22 & Ors.
39

WP 8548/22 & Ors.
40

4) The learned counsel for the petitioners submits that the issue raised
in these petitions is no more res-integra and is conclusively decided in the

WP 8548/22 & Ors.
41
case of Nilesh Namdev Gurav & Ors. Vs. State of Maharashtra reported in
2022 (3) Mh.L.J. 615. The same view was consistently followed by this
court in various judgments. In Writ Petition No. 4532/2023 in the case of
Prashant Dnyaneshwar Chimne and ors. Vs. The State of Maharashtra and
ors. and other connected matters decided by this Court on 19.7.2024, at
para 12, this Court has observed as under :-
“12. This issue fell for consideration in various subsequent
petitions wherein consistently it has been ruled that
irrespective of the division, if the School is receiving 100%
grant on cut of date and the employees are appointed prior
to the said date, they are governed by the old pension
scheme. To quote few, such view is reiterated by this Court
in cases of Prabha V/s. State of Mah. and ors. [Writ Petition
No. 5463/2021, decided on 23/06/2022], Rajesh S/o.
Anant Tumsare V/s. State of Mah. and ors. [Writ Petition
No.4338/2022 along with connected matters, decided on
29/07/2022], Nilima Harishchandra Katole and ors. V/s.
State of Mah. and ors. [Writ Petition No. 1534/2020,
decided on 08/03/2023], Shirin Bano Sheikh Mehboob
V/s. State of Mah. and ors. [Writ Petition No. 262/2023,
decided on 30/06/2023], Pradeep Rangrao Nalawde (Dr.)
V/s. Poona College of Pharmacy and ors. [Writ Petition No.
2187/2022, decided on 03/07/2023], Govardhan S/o.
Waman Lanje V/s. State of Mah. and ors. [Writ Petition No.
328/2023, decided on 31/07/2023], Baban S/o. Gulabrao
Koradkar V/s. State of Mah. And ors. [Writ Petition No.
2596/2022 along with connected matters, decided on
05/07/2023], Rajesh S/o. Anant Tumsare and ors. V/s.
State of Mah. and ors. [Writ Petition No. 4623/2023,
decided on 04/09/2023] and Smt. Jotsna Wd/o. Sanjay
Katait V/s. State of Mah. and ors. [Writ Petition No.
8083/2022 along with connected matter, decided on
25/09/2023].

WP 8548/22 & Ors.
42
5) The learned counsel for the petitioners submits that last judgment
on this issue is by the Nagpur Bench in Writ Petition No. 2796/2024
decided on 11.08.2025 (Ku. Vandana Santoshrao Ugemuge Vs. The State
of Maharashtra and Ors.) and thus, seeks the declaration that the
petitioners are are governed under old pension scheme and for further
consequential reliefs.
6) Per contra, the learned AGP defend the case and raise various
submissions as regards the non-applicability of the old pension scheme to
the petitioners by primarily contending that the petitioners are working in
the unaided divisions and thus, unless they are working on the fully aided
division, it is not permissible to grant them benefit. The learned AGP has
also filed written notes of arguments on behalf of the respondent/State
and submits that we should deal with them. The submissions are
reproduced as under :-
“The Respondents most respectfully submit the following
short Written Notes as under :-
1. That, at the outset the petition objected on the
ground of maintainability, for the reason that, to seek the
writ of mandamus, there must be legal right exist in favor
of petitioner. The petitioner must establish that a legal right
has crystallized or exists in favor of the petitioner on the
basis of the provisions of law, rules, or the policy of the
State Government. However, in the present case, there is no
direct or implied legal provision entitling the petitioner to
the benefit of the Old Pension Scheme. Therefore, the

WP 8548/22 & Ors.
43
petition is not maintainable. This legal principle has been
settled by the Hon'ble Supreme Court of India in the matter
of Umakant Saran V/s. State of Bihar and others reported
in (1973) 1 S.C.C. 485.
2. That, the writ petitions are also not maintainable,
State Government or the authorities are not legally bound
to perform the duties or the actions sought by the
petitioner, nor is there any violation of any statutory
provision or infringement of any right accrued in favor of
the petitioners. The writ of mandamus can be sought only
when the State authorities are failed to perform the duties
to which they are legally bound. Hence, the petition is
liable to be dismissed on the ground of maintainability. This
legal principle has been settled by the Hon'ble Supreme
Court of India in the matter of Saraswati Industrial
Syndicate Ltd. and others V/s Union of India reported in
(1974) 2 S.C.C. 630.
3. That, the petition deserves to be rejected as not
maintainable as, it is well settled position of law that, for
seeking a writ of mandamus, the petitioner must first
approach the competent authority and make a demand for
performance of duties and shall the claim entitlement for
particular relief on the basis of provisions of laws by way of
a representation or application. However, in the present
case, the petitioners are directly approached this Hon'ble
Court without asking the authorities for legal duties.
Therefore, no writ of mandamus can be issued, and the
petition deserves to be rejected. This legal principle has
been settled by the Hon'ble Supreme Court of India in the
matter of Kamini Kumar Das Chaudhari V/s. State of West
Bengal and others reported in (1972) 2 S.C.C. 420.
4. That, the Writ Petitions are deserves to be rejected
even on the point of delay and latches. The petitioner
before this Court have admittedly joined the services prior
to 2005 and brought on grant in aid after cutoff date i.e.

WP 8548/22 & Ors.
44
01.11.2005. Therefore, D.C.P.S. had been made applicable
to the petitioner's services for first time when petitioners
have received salary from State Government's aid and
contribution towards it was deducted. The first time
deduction had been occurred long back, but the petitions
have been filed after 2022. By this inaction on the part of
petitioner for long time disentitles petitioners for seeking
any relief and by efflux of time petitioners have lost the
right raise challenge. This legal principle has been settled
by the Hon'ble Supreme Court of India in the matter of
State of Maharashtra v/s Digambar teported in (1995) 4
S.C.C. 683.
5. That, so far as the contentions regarding the
entitlement of the petitioners are concerned, the petitioners
were appointed on unaided divisions/partially aided
divisions/on clock-hour basis/on part-time basis, etc.
Though prior to the year 2005 their appointments have
been were approved as per M.E.P.S. Act and Rules but on
un-aided posts. The services of the petitioners have been
subsequently regularized on grant-in-aid posts, such
approval and regularization were granted after the cut-off
date, i.e. 1st November 2005. By that time new Defined
Contributory Pension Scheme has been came in existence
and taken the place. Therefore, the services of the
petitioners are governed by the DCPS Scheme.
6. That, the petitioners are claiming their entitlement
on the basis of the contention that, the divisions in which
the petitioners were appointed though were un-aided
divisions but the school was receiving 100% grant-in-aid.
Therefore, it will have to treat that the school is 100%
grant in aid. This, contention of the petitioners is required
to be examined carefully, for the reason that though the
other divisions of School have been held grantable or
receiving Grant in Aid and if any division of a school is not
receiving grant-in-aid, it would be wholly incorrect to state
that the entire school is receiving 100% grant-in-aid.

WP 8548/22 & Ors.
45
Therefore, there is no force in the submission of the
petitioners that the school is receiving 100% grant-in-aid so
as to bring their case within the ambit of ratio laid down in
the judgment of this Hon'ble Court relied upon by
petitioners.
7. That, it is the further contention of the petitioners
that since the school is allegedly receiving 100% grant-in-
aid, they are straightway eligible and entitled to the Old
Pension Scheme. This contention is also required to be
scrutinized in light of the object and scope of the Old
Pension Scheme. Merely because an employee is working in
a school which is allegedly receiving 100% grant-in-aid
does not ipso facto make such employee eligible for the Old
Pension Scheme. In fact, eligibility for the Old Pension
Scheme is required to be tested on the basis of the requisite
conditions and service conditions contemplated under the
scheme and shall have to test whether the petitioners are
really fulfilling those or not. The Old Pension Scheme
contemplates "pensionable service". As per the scheme and
the relevant rules, an employee is required to be an
employee on grant-in-aid service, of which gratuity account
and consolidated pension account has been opened, so that
the contribution of the State towards the pension fund can
be deposited or the contribution towards gratuity can be
deducted from the salary of the employee. This is possible
only when the employee receives 100% salary as per the
post held by them. These aspects have never been
canvassed before any Court, and therefore, they have
neither been considered nor answered in any of the
judgments relied upon by the petitioners. The fact remains
that though a Full Bench judgment of this Hon'ble Court
has been delivered while contemplating a similar situation;
but it do not suits to the petitioners. While dealing with
such an issue, the legal requirements cannot be brushed
aside or ignored. On the contrary, the petitioners must first
establish that, they are eligible and qualify all the requisite
conditions to avail the benefits but nowhere in the petition

WP 8548/22 & Ors.
46
as well as while arguing the case this aspect have canvassed
by the petitioners. Without establishing such entitlement on
the touchstone of the Old Pension Scheme, granting such a
declaration would amount to an abuse of the process of
law. Therefore, the petitioners are not entitled to seek such
relief. Therefore the reliance has been placed on full bench
judgment passed by this Hon'ble Court in the matter of
Deshmukh Dilipkumar Bhagwan V/s State of Maharashtra
and others reported in (2019) SCC OnLine Bom 729:
(2019) 3 Mah LJ 903(FB).
8. That, during the course of arguments, it was
submitted on behalf of the State Government that the
judgments relied upon by the petitioners are the subject
matter of Special Leave Petitions before the Hon'ble
Supreme Court and are presently under the scrutiny of the
Apex Court. Considering these aspects, the petitions could
have been waited till the pronouncement of the verdict by
the Apex Court. However, the matters were heard at the
instance of the petitioners.
9. That, in the alternatively it was submitted on behalf
of the State Government that, the judgment delivered by
the Principal Seat, of this Hon'ble High Court in W.P. No.
2345/2014 and connected Writ Petitions (Coram: Hon'ble
R. V. Ghuge and Ashwin D. Bhobe J.J.), is in identical facts
and circumstances of the matter therefore the ratio and
directions issued by the Coordinate Bench of this Hon'ble
Court, being recent in point of time, are required to be
followed. As the same have been issued after considering
all the earlier judgments and the pendency of litigation
arising there from before the Hon'ble Supreme Court of
India.
10. In the backdrop of the above facts and the judgments
relied upon by the State, it is most respectfully submitted
that the present petitions must fail and are liable to be
disposed of accordingly.”

WP 8548/22 & Ors.
47
Considering all these aspects, the learned AGP prayed to dismiss the writ
petitions.
7) Heard the parties. The issue whether the employees who worked on
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 as
noted above. 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. 2796/2024
(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.
8) Although large number of judgments are being delivered on the
subject by this Court and all the contentions of the AGP as raised are
already rejected, the respondent/authorities represented through AGP
have raised similar pleas in these matters. The argument of the learned
AGP that there is no representation made to the statutory authority to

WP 8548/22 & Ors.
48
claim the old pension scheme and there is no statutory duty caste upon
the respondents to grant such relief is a frivilous objection and is rejected,
as the retiral benefits of employee who has rendered services cannot be
withheld by the authorities. It is the duty cast upon the respondent to give
the employee all the retiral benefits. The liability to give all retiral benefits
rests upon the authority and they cannot resist the same on the ground
that there is no application to that effect. The Hon’ble Supreme Court in
the case of S.K. Dua V. State of Haryana and Ors. reported in AIR 2008 SC
1077 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. Although the law on the issue of entitlement of pension is
settled by this Court, the respondents/authorities are contesting the
entitlement of the petitioners to receive pensionunder old pension scheme.
In these situation, we cannot direct the petitioners to approach the
respondents/authorities without declaring their eligibility for the same.
9) The 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 1.11.2005 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,

WP 8548/22 & Ors.
49
having not opted for the DCP Scheme, ought to have been granted the
benefit of the old pension scheme. In this view of the matter the frivolous
opposition by the respondent authorities who are represented by the
learned AGP needs to be rejected with cost of Rs.10,000/- to be paid by
the respondent authorities represented by AGP within a period of four
weeks from today. Considering the same, we deem it appropriate to grant
the declaration as prayed by petitioners in this bunch of the petitions and
also grant relief as granted in other identical Writ Petition No. 4532/2023
and other connected matters cited supra. 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
st
1 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 DCPS, such amount
shall be refunded to the petitioners within a period of four weeks from the

WP 8548/22 & Ors.
50
receipt of this order.
iv) The respondents shall allot the General Provident Fund Account
(GPF Account) to the petitioners and thereafter, permit the 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) Respondent authorities who are represented by the learned AGP to
pay cost of Rs.10,000/- (Rupees ten thousand only) to the Aurangabad
High Court Bar Association within a period of four weeks from today and
submit proof to the registry.
vii) The writ petitions are allowed accordingly.
Rule is made absolute in above terms.
( VAISHALI PATIL-JADHAV, J. ) ( ARUN R. PEDNEKER, J. )
ssc/