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As per case facts, petitioners, appointed before 01.11.2005 in partially aided/100 percent aided schools, sought declaration to be governed by the old pension scheme (Maharashtra Civil Services (Pension) Rules, 1982
...and General Provident Fund), not the Defined Contribution Pension Scheme (DCPS) or National Pension Scheme (NPS). They requested directions for respondents to extend old pension benefits and submit their pension papers. The State contested, citing non-maintainability, delay, and non-applicability due to initial unaided divisions, despite the school receiving 100 percent grant-in-aid. The issue's final determination by the Supreme Court is pending, with no interim relief granted. The question arose whether employees on unaided divisions in 100 percent aided schools appointed before November 2005 are entitled to the old pension scheme. Finally, the court affirmed that this issue is no longer res-integra, upholding previous judgments. It ruled that petitioners appointed before November 1, 2005, in 100% aided schools are entitled to the old pension scheme unless they opted for DCPS. The court directed respondents to extend old pension benefits, refund deducted DCPS amounts, allot GPF accounts, and submit pension proposals for eligible retired employees, imposing costs on the respondents for frivolous opposition.
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