Shri. Shankar Abaji Pawar v. The State Of Maharashtra , Through Its Cheif Secretary And ORS.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELALTE JURISDICTION WRIT PETITION NO.9434 OF 2017 Balkrishna V. Bhalerao

...Petitioner

V/s.

The State of Maharashtra & Ors.

...Respondents

WITH WRIT PETITION NO.9435 OF 2017 Mrs.Sundar S. Ambekar

...Petitioner

V/s.

The State of Maharashtra & Ors.

...Respondents

WITH WRIT PETITION NO.9456 OF 2017 Shankar A. Pawar

...Petitioner

V/s.

The State of Maharashtra & Ors.

...Respondents

Mr.Mahadeo B. Ghule for the Petitioner in All the Writ Petitions. Mr.S.B. Kalel, A.G.P. for the State - Respondent Nos.1 and 2 in All the Writ Petitions.

Mr.Nitin P. Deshpande for the Respondent Nos.3 and 4 in All the Writ Petitions.

CORAM : B.R. GAVAI & DAMA SESHADRI NAIDU, JJ.

DATE : 19TH MARCH, 2019.

P.C. :- 1.

Rule. Rule made returnable forthwith. Heard finally by 1/2

8-wp9434-17g.doc consent of the parties.

2.

It is not in dispute that the facts in the present cases are identical with the facts in Writ Petition No.5110 of 2012 decided by this Court on 13th December, 2017.

3.

In that view of the matter, Rule is made absolute in the following terms :- a).

We, therefore, hold that the action of respondents denying the benefit of pension to the petitioners, is not sustainable in law. The respondents are directed to start paying the pension to the petitioners from the month of January, 2018 to be worked out on the basis of their last drawn salary.

b).

All the arrears to which the petitioners would be entitled in view of the aforesaid, shall be paid to them within a period of six months from today.

(DAMA SESHADRI NAIDU,J.) (B.R. GAVAI, J.) 2/2