Old pension scheme to teaching-non-teaching staff appointed before Nov 2005: HC

Chhatrapati Sambhajinagar:

The Aurangabad Bench of the Bombay High Court, comprising Justice Arun Pednekar and Justice Vaishali Patil-Jadhav, on 25 February 2026, has directed that teachers and non-teaching staff appointed before November 1, 2005 in partially aided sections of 100 per cent grant-in-aid schools be covered under the old pension scheme (OPS).

The court delivered this significant order while hearing petitions filed by teachers and retired personnel from different districts of the state including Jalgaon, Ahilyanagar, Beed, Latur, Dharashiv (Osmanabad) and Jalna. As the issue involved was common to all petitions, the court heard them together.

Petitioners’ Case

The petitioners had been appointed as assistant teachers or junior college teachers. Although approval to their posts and payment of full salary were granted after October 31, 2005, their initial appointments were made prior to October 31, 2005 in partially aided, unaided, or stage-wise aided divisions. However, their pre-October 31, 2005 service was not being counted for the purpose of the OPS. Consequently, they approached the high court.

The petitioners contended that since they were appointed in partially aided sections before October 31, 2005 and later continued in full-time service in the fully aided sections of the same schools, they were entitled to the benefits of the Maharashtra Civil Services (Pension) Rules, 1982 and the General Provident Fund (GPF) scheme. Nevertheless, the state government had brought them under the defined contribution pension scheme (DCPS) and the national pension scheme (NPS), which came into effect from November 1, 2005.

The petitioners were represented by advocates Mahesh Deshmukh, K D Pote, A G Ambetkar and Majit Shaikh, while assistant government pleader Atul Kale appeared for the state government.

High Court’s Order

The high court observed that teachers appointed prior to November 1, 2005 cannot be brought under the new contributory pension scheme. It directed that such teachers be extended the benefit of the OPS and that appropriate proposals be submitted accordingly.

In the case of retired teachers, pension proposals are to be submitted within six weeks and decided thereafter. The respondents have also been directed to pay costs of ₹10,000 to the Bench Bar Association within four weeks.