Ganpath Takalkar, v. Union Of India, Through Ministry Of Finance, Department

HON'BLE SRI JUSTICE S.V.BHATT W.P.No.5016 OF 2006 ORDER:

Heard Mr.Subodh for petitioners and standing counsel for respondents 2 and 3.

The petitioners pray for the following relief: .....this Hon'ble Court may be pleased to issue a writ of Mandamus or any other appropriate writ or direction declaring the schemes of the 1st respondent published in gazette of India dated 21.12.2005 as 2nd proviso of clause 3 i.e. insofar holding that the persons who have opted for voluntary retirement under the special Voluntary Retirement Schemes 2004 are not entitled for the benefit of wage revision from 1.8.2002 till the date of retirement as illegal, arbitrary and violative of Article 14 and Article 16 of the Constitution of India and consequently direct the respondents to extend the benefit of wage revision and all other applicable benefits to the petitioners and further direct the respondents to pay the same with interest and pass such other or further orders....."

The counsel appearing for the parties draw the attention of the Court to the decision of the Hon'ble Supreme Court in Manojbhai N. Shah and others v. Union of India and others1 and submit that the prayer of petitioners has to be rejected. The statement is placed on record.

The writ petition is dismissed by following the decision referred to above. There shall be no order as to costs. Consequently, pending miscellaneous petitions, if any, stand closed.

____________ S.V.BHATT, J Dt.31.08.2016 Lrkm 1 (2015) 4 SCC 482