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Assistant Teacher – Old Pension Scheme – Bombay HC Upholds Continuity of Service

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Judgment dated 30.9.2026 of the High Court of Bombay in Writ Petition No.13034 of 2025 of Vidya Vishwanath Phalke  Vs.  The State of Maharashtra and others

Assistant Teacher – Service partly in aided and partly in unaided school

On 13.6.1990, the petitioner was appointed as Assistant Teacher in the respondent no.11 private school – fully aided by the Government.  On 7.8.1991, the petitioner was given permanent appointment on completion of probation and was enrolled in the pension scheme including giving GPF Account.   On 21.7.1998, the petitioner joined respondent no.9 another fully aided school with the same GPF.

However, on 14.6.2000, the petitioner assumed the position of Headmistress at the respondent no.7 unaided school.   The said school became aided school on 1.11.2005 and qualified for full grant in aid vide order dated 3.11.2009.

In this entire period of service, there was no break in service. In the case in hand, the Petitioner was not merely appointed prior to the cut-off date. She was appointed to a sanctioned post in a fully aided school, served on aided posts for ten years, and was enrolled in the pension scheme twelve years before the inception of the DCPS. When the Government Resolution dated 31st October 2005 was issued, she was already a participant in the pension scheme.

The DCPS introduced by the Government Resolution dated 31st October 2005 applies to employees recruited on or after 1st November 2005. Rule 2(2) of the Pension Rules similarly excludes from its scope only those employees recruited on or after that date. The Petitioner was recruited on 13th June 1990. From that date, she served on an aided post, and by the order dated 10th September 1993, she was admitted to the pension scheme and the General Provident Fund. The Respondents do not contend that this admission was ever revoked, nor do they contend that the Petitioner at any time opted for the DCPS. 9. This Court has consistently held that the initial date of appointment to an aided post, not the date of a subsequent appointment, determines the applicability of the Old Pension Scheme.

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