AIROnline 2019 BOM 1508 ::(2019) 5 AllMR 507 ::(2019) 2 ESC 726 ::(2019) 3 Mah LJ 903 ::(2019) 3 SCT 123 ::(2019) 4 ServLR 449

Bombay High Court

Hon'ble Judge(s): S. C. Dharmadhikari, Akil Kureshi, Nitin W. Sambre , JJJ

Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act (3 of 1978) , S.4, S.16— Maharashtra Employees of Private Schools (Conditions of Service) Rules (1981) , R.19— Government Resolution D/- 31-10-2005 - Pensionary benefits - Employees of private recognized aided schools - Government of Maharashtra introducing Defined Contributory Pension Scheme (D.C.P. Scheme) with effect from 1-11-2005 thereby replacing existing pension scheme - Employees appointed prior to 1-11-2005 however, their schools were not receiving 100% grant-in-aid from Government as on 1-11-2005 would be governed by DCP Scheme and not by old pension scheme - Similarly employees appointed prior to 1-11-2005 in aided schools which were receiving less than 100% grant-in-aid as on 1-11-2005 but which became 100% aided before 29-11-2010 would also be governed by DCP Scheme. The right to claim pension from the Government by a full-time employee of a school was closely linked with the educational institution receiving aid from the Government. Unless and until, the school in question was paid grant-in-aid by the Government, the question of the employee of said school claiming pensionary benefits from the Government would not arise. The liability of the Government to pay to a retired employee of a private recognized school, the post retirement benefits would arise only if the s....