DEEPMALA RAMAKANT BHALERAO Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard. The husband of the petitioner was working as Head Master in the respondent No.5-School. The respondent No.5-School was recognized for 4 0% grants from the State Exchequer in 2004-2005, for 80% grants from 2006-2007 and for 100% grants from 2007-2008. The husband of the petitioner died on 16th December 2013, after which the petitioner applied for family pension. This request of the petitioner is not considered and hence the petitioner has approached this Court.

(2.) The learned Assistant Government Pleader submitted that the point as to whether the employees who were working since prior to 1st November 2 0 05 in aided recognized primary or secondary schools, which were receiving less than 100% grants as on 1st November 2005, would be entitled for pension as per the Maharashtra Civil Services (Pension) Rules, 1982 is decided by the judgment given by Full Bench of this Court in Writ Petition No.8387 of 2013 (Deshmukh Dilipkumar Bhagwan and Ors. Vs. The State of Maharashtra and Ors.) and other connected matters on 30th April 2019. While answering the question No. 2 framed by it, the Full Bench recorded that the employees, who were appointed prior to 1st November 2 005, in aided recognized primary or secondary schools, which were receiving less than 100% grants as on 1st November 2 0 05, would be governed by the Defined Contributory Pension Scheme.

(3.) In the present case, though the husband of the petitioner was in service since 1999, the respondentNo.5-School, in which he was working, was not receiving 100% grants as on 1st November 2005. Hence, the claim made by the petitioner for family pension as per the Maharashtra Civil Services (Pension) Rules, 1982, cannot be granted in view of the Full Bench judgment. Hence, the petition is dismissed. In the circumstances, the parties to bear their own costs.