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2025 DIGILAW 882 (BOM)

Ganesh Dnyandeo Rokade v. Principal Secretary, Rural Development Department, Govt. Of Maharashtra, Mantralaya, Mumbai

2025-07-10

GAUTAM A.ANKHAD, RAVINDRA V.GHUGE

body2025
JUDGMENT : RAVINDRA V. GHUGE, J. 1. Rule. Rule made returnable forthwith and heard finally by the consent of the parties. 2. All these Petitioners claim that they are entitled for the Old Pension Scheme (hereinafter referred to as ‘OPS’) and not the New Defined Contributory Scheme (hereinafter referred to as ‘DCPS’). 3. They have put forth Prayer Clauses (a) and (b), which read thus :- “(a)this Hon’ble Court be pleased to exercise the powers vested in it under Article 226 of the Constitution of India and to issue a Writ of Mandamus and/or a Writ in the nature of Mandamus thereby directing the Respondent employer extend the benefits under the Maharashtra Civil Service (Pension) Rules 1982 and existing General Provident Fund Scheme to the Petitioners and further direct them to make contribution towards the said General Provident Fund Scheme by taking appropriate action in that behalf. (b) this Hon’ble Court be pleased to exercise powers vested in it under Article 226 of the Constitution of India and give a declaration that the Petitioners are entitled to enjoy the pensionary benefits under the Maharashtra Civil Service (Pension) Rules 1982 and existing General Provident Fund Scheme by virtue of the provisions of the Maharashtra Zilla Parishad and Panchayat Samitis Act, 1961 and Rules framed thereunder.” 4. Insofar as Prayer Clause (c) is concerned, the learned Senior Advocate submits, on instructions, that the Petitioners do not desire to pursue the said prayer, and the same may be treated as deleted. 5. We have considered the submissions of the learned Advocates for the appearing parties. Keeping in view the factual matrix in this matter, we are not required to advert to their entire submissions. The State of Maharashtra had introduced a Government Resolution dated 31 st October, 2005, whereby it was prescribed that those candidates who are appointed after 1 st November, 2005, would be covered by the DCPS. Subsequently, the State Government came out with a Government Resolution dated 1 st October, 2024 and enumerated the categories, which would be entitled to the OPS or the DCPS. 6. The present Petition concerns the Petitioners who are all appointed on compassionate basis. Petitioner Nos.1 to 11 were approved for appointment on compassionate basis on 9 th August, 2005. Petitioner No.12 was approved on 23 rd August, 2005. 6. The present Petition concerns the Petitioners who are all appointed on compassionate basis. Petitioner Nos.1 to 11 were approved for appointment on compassionate basis on 9 th August, 2005. Petitioner No.12 was approved on 23 rd August, 2005. Petitioner Nos.13 to 17 were approved on 31 st August, 2005, 1 st September, 2005, 8 th September, 2005, 5 th September, 2005 and 31 st October, 2005, respectively. There is no dispute that all of them were appointed after the cut-off date, 1 st November, 2005. 7. In the Government Resolution dated 1 st October, 2024, Clause No.2(1), is a condition which pertains exclusively to candidates who were appointed on compassionate basis. For clarity, we are reproducing the said Clause No.2(1), hereunder :- 8. The English translation of the said Clause No.2(1), as under :- “This Government Resolution dated 01.11.2005, shall not apply to employees whose names were included in the selection list before 01.11.2005 and were appointed on compassionate basis after 01.11.2005.” 9. As such, the Government Resolution dated 1 st November, 2005 prescribing DCPS, would not be applicable to those whose names are included in the select list for appointment on compassionate basis prior to the Government Resolution dated 1 st November, 2005 and were appointed after 1 st November, 2005. 10. In view of the above, though the learned AGP has strenuously opposed this Petition, we find that nothing more is to be looked into since the dates and events are crystal clear and the cases of the Petitioners are squarely covered under Clause No.2(1). 11. In view of the above, this Writ Petition is allowed in terms of Prayer Clauses (a) and (b). 12. The State Authorities would proceed to initiate steps for completing the formalities for including the Petitioners in the OPS. If there are any deductions made by the Zilla Parishad towards the DCPS [presently known as the National Pension Scheme (NPS)], the said amounts should be transferred to the General Provident Fund (GPF) accounts of these Petitioners, as per the applicable policy. 13. Rule is made absolute in the above terms.