KHILARI RAJENDRA EKNATH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and with the consent of counsels for parties, the petition is called out for final hearing.

(2.) Petition is filed by 56 Clerks working on the establishment of the High Court of Bombay, Appellate Side seeking a declaration that they are governed by the provisions of the Old Pension Scheme in vogue prior to 1/11/2005 and the General Provident Fund Scheme. Petitioners seek directions not to apply the Defined Contributory Pension Scheme (DCPS)/National Pension Scheme (NPS) introduced vide Government Resolution (G.R.) dtd. 31/10/2005. To that extent, a declaration is sought that the Notification issued by the High Court on 21/4/2008 making applicable provisions of G.R. dtd. 1/11/2005 to the staff of the High Court and the Courts subordinate to it would apply prospectively from 21/4/2008 and that the same would not apply to petitioners.

(3.) On 20/6/2005 an advertisement was issued by the Registrar General of the High Court for filling up 48 posts of Clerks on the establishment of the Bombay High Court, Appellate Side in the pay scale of 3050-4590. The last date for submission of applications was 11/7/2005. Petitioners applied in pursuance of the advertisement. A Written Test was conducted on 9/8/2005 which was cleared by petitioners. They were then subjected to Typing Test on 29/10/2005 and interviews on 26/11/2005. A Select list/Wait List of the candidates was published on 7/12/2005. Appointment orders were issued to the Petitioners on 28/12/2005. This is how the Petitioners came to be appointed on the post of Clerk on the establishment of the High Court of Bombay, Appellate Side.