Nagpur: The Nagpur Bench of the Bombay High Court has issued a contempt notice to Maharashtra’s Additional Chief Secretary B. Venugopal Reddy, Director of Higher Education Dr. Shailendra Develankar, and other officials for failing to comply with a court order to grant benefits under the Old Pension Scheme to retired employee Sanjay Irande.
Irande, in his petition, stated that he had served in the Maharashtra State Board of Secondary and Higher Secondary Education from February 21, 1992, to September 4, 2008. He was later transferred to Sant Gadge Baba Amravati University, where he served until his retirement on July 31, 2021. Based on this tenure, he claimed eligibility under the Old Pension Scheme.
However, a letter issued on May 13, 2022, denied him the benefit under the scheme. Following this, Irande filed a writ petition in the High Court. The court ruled in his favor and directed the authorities to implement the Old Pension Scheme within six weeks. Since the directive was not followed, a contempt petition was subsequently filed.
Reference to Government Resolutions
The petitioner cited a Government Resolution (GR) dated November 15, 1985, which recognized board employees as eligible for pension benefits. Another GR issued on October 31, 2005, introduced the New Contributory Pension Scheme, applicable to recognized and aided institutions. However, the petitioner argued that his qualifying service period falls before the implementation of the new scheme, and hence, he should be covered under the old one.
Court’s Observations
The court observed that the letter issued by the Associate Director did not deny the petitioner’s entitlement to pension but stated that the Old Pension Scheme does not apply. It further noted that the petitioner’s past service was considered for determining eligibility, thereby indicating his entitlement under the Old Scheme.
Officials Asked to File Reply
Considering the delay in compliance, the High Court has now sought a formal explanation from the concerned officials via contempt notice. They have been asked to submit their responses before the next hearing.