KIRAN RAMESH SINGH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Petitioner by this Writ Petition filed under Article 226 of the Constitution of India seeks directions against Respondents to release the provident fund accumulated dues of the Petitioner with the Respondents, to determine the pension and gratuity of the Petitioner in respect of 18 years of service with Respondent College from 1997 when she joined service till superannuation on 31st January 2015, release her monthly pension, to release the arrears of Pension from 1st February 2015 till the month from which monthly pension is commenced, to release the full amount of gratuity due and payable to the Petitioner without any deduction towards, and to release the amounts due to the Petitioner on various accounts set out in paras 13, 15 & 16 in the Petition, with interest.

(2.) The learned AGP appearing for the Respondents/State invites this Court's attention to the affidavit in reply of Anil S Sable, Education Inspector West Zone Jogeshwari East Mumbai. It has been stated in the said affidavit that Respondent No.5 Swami Vivekanand High School was graned permission by the State Government through its Management i.e. Respondent No.4 Dindayal Education Trust Mumbai on non-aided basis vide its letter dated 29.11.1997 bearing No. Dy. Dir. Edn./Madhy-4/33661-62. It is also stated that Petitioner was appointed as Assistant Teacher by Respondent No.5 with effect from 01/09/1997 in unaided school, however, Respondent No.5 did not take approval from the office of Respondents. It is further stated that the office of the Respondents vide its letter dated 30/04/2010 bearing No.Edn.Insp.Mumb.West/Madhy-P/227 granted 100% aid to the Respondent- School and consequently the school became 100% aided with effect from 16/06/2008 and therefore the Petitioner was granted approval for her appointment with effect from 16/06/2008 in 100% aided school. The learned AGP therefore submitted that the Petitioner came to be superannuated with effect from 31/01/2015 and Respondent School became 100% aided with effect from 16/06/2008 means after 01/11/2005. Therefore, pursuant to Government Resolution dated 29/11/2010 issued by Education Department all teaching and non-teaching staff appointed after 01/11/2005 in Respondent- School became entitled for the New Defined Contributory Pension Scheme (DCPS) and held to be not eligible for the old pension scheme.

(3.) The issue regarding applicability of the Pension Schemes to the employees of the Schools including colleges of education arose before the Full Bench of this Court wherein it has been held that the employees of the schools, including colleges of education, who were working against 100% aided posts prior to 01/11/2005 irrespective of the nature of initial appointment would be governed by the old pension scheme and thus who joined or held 100% aided posts after 01/11/2005 would be entitled to the new pension scheme.