ANJALI ANIL TANKSALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Widely worded as the prayer clause is, the grievance which is agitated during the course of hearing is that the petitioner is denied the benefit of the Old Pension Scheme.

(2.) The State Government issued Government Resolution dtd. 31/10/2005 which applied the Defined Contributory Pension Scheme (DCPS) replacing the existing Pension Scheme, to Government servants who are recruited on or after 1/11/2005 in State Government service. Clause 4(b) of the Government Resolution dtd. 31/10/2005 made applicable the DCPS to the employees, who are recruited on or after 1/11/2005, in the services of the Recognized and Aided Educational Institutions, Non-Agricultural Universities and affiliated Non-Government Colleges and Agricultural Universities etc., to whom the existing pension scheme and General Provident Fund Scheme is applicable.

(3.) The Full Bench of this High Court has held that the Old Pension Scheme shall apply only to employees who were appointed prior to 1/11/2005 in recognized primary, secondary schools or colleges of education which were receiving 100% grant- in-aid as on 1/11/2005 (Deshmukh Dilipkumar Bhagwan and others v. State of Maharashtra and others, 2019(3) Mh.L.J. 903.