Shubhangi Prabod Pol v. State Of Maharashtra And ORS.

4-wp-2434.2010.sxw hvn

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2434 OF 2010 WITH CIVIL APPLICATION NO. 1332 OF 2016 IN WRIT PETITION NO. 2434 OF 2010 Smt. Shubhangi Prabod Pol ...

Petitioner

Versus

State of Maharashtra and Ors.

...

Respondents Mr.V.K. Bodhare i/b y Mr. A.M. Joshi for the Petitioner. Ms. Nisha Mehra, AGP for R. nos.1 to 3 State. CORAM : SHANTANU KEMKAR & PRAKASH D. NAIK, JJ.

DATED : MARCH 01, 2017.

P.C.

Parties through their counsel.

2.

At the outset, it has been stated by the learned counsel for the petitioner that the question involved in this petition has already been considered and decided vide order dated 9.5.2014 by Aurangabad Bench of this Court in the case of Smt. Savitribai Narsayya Guddapa Versus State of Maharashtra and Others in WP No.8985 of 2011 and other connected writ petitions. He submits that in the said judgment, the Division Bench has held that the cut off date i.e. 27.2.2009 prescribed in the GR dated 30.10.2009 for payment of revised pension under Maharashtra Civil Services (Pension) Rules, 1982

4-wp-2434.2010.sxw making it applicable to those employees who retired from 27.02.2009 and not to those employees who retired in between 1st January, 2006 to 26th February, 2009, as unconstitutional. In view of the aforesaid, according to the learned counsel for the petitioner, the petition seeking the very same relief regarding declaration of the said resolution dated 20.10.2009 to the extent of fixing of the cut off date, be allowed. He further prayed that the respondents be directed to refix petitioner's pension in accordance with Hakim Committee report. 3.

We have heard learned AGP in this regard. Learned AGP submits that the fixing of the cut off date in the said GR has since been held to be unconstitutional, the petition may be disposed of in terms of the order passed by the Division Bench in the case of Smt. Savitribai Narsayya Guddapa (supra).

4.

In view of the aforesaid, we dispose of this petition by observing that the petitioner's pension be re-fixed keeping in view the judgment passed by the Division Bench of this Court in the case of Smt. Savitraibai Narsayya Guddapa and also keeping in view the Hakim Committee's report. Let this be done within four months from the date of receipt of copy of this order.

5.

Writ Petition as also Civil Application stand disposed of accordingly.

(PRAKASH D. NAIK, J.) (SHANTANU KEMKAR, J.)