Bombay HC – Employees appointed prior to 31.10.2005 in the partially aided division of 100% aided schools – Old Pension Scheme under MCS Pension Rules 1982

employees who worked in an unaided division in November 2005 of an 100% aided school is entitled to pension under the old pension scheme is no more res-integra, and is conclusively decided by this Court in the case of Nilesh Namdev Gurav (Supra)

The law as declared in the above judgments is that the employees similarly placed to the petitioners are entitled to old pension scheme who are appointed prior to 01.11.2005 in the 100% aided schools and not the DCP Scheme unless specifically opted by the employees. All the employees who have not applied for the DCP Scheme and the present petitioners, having not opted for the DCP Scheme, ought to have been granted the benefit of the old pension scheme.

The petitioners are entitled to be governed under the old pension scheme i.e. Maharashtra Civil Services (Pension) Rules, 1982 and Maharashtra Civil Services (Commutation of Pension) Rules, 1984 and provisions of General Provident Fund is applicable to Petitioners who are either Assistant Teachers or Non-Teaching employees, appointed prior to 1st November 2005.

Judgment dated 27.2.2026 of the High Court of Bombay in Writ Petition No.5849 of 2024 of Bhagwan Vithalrao Wakde  Vs.  State of Maharashtra and others with connected writ petitions.