NANDKISHOR SHRIKRISHNA WANKHEDKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner seeks benefit of old pension scheme in the present writ petition.

(2.) The learned counsel for the petitioner submitted that the petitioner having joined service on 15/10/1991 and the School Tribunal having recorded a finding that he was a permanent employee and was thus entitled to benefit under Rule 25(A) of the Rules of 1981, he could not be denied benefit of the old pension scheme. Merely because the services of the petitioner were absorbed after 01/11/2005, he could not be treated to be a newly appointed employee from that day. The past service of the petitioner as well as the status as a permanent employee was not wiped off by he being declared surplus and being subsequently absorbed. It was thus submitted that the petitioner was entitled for the relief as claimed for.

(3.) The learned Assistant Government Pleader for respondent Nos.1 to 3 opposed the writ petition. It was sought to be urged that since the services of the petitioner were absorbed after 01/11/2005, he could not be held entitled to benefit of old pension scheme. Hence the writ petition was liable to be dismissed.