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Bombay High CourtWP/10926/2022disposed off

Govardhan Namdeo Topale Decd Thru Wife Bhartibai Govardhan Topale v. The State Of Maharashtra And ORS

2022-09-21Hon'Ble Shri Justice S.V. Gangapurwala,Hon'Ble Shri Justice R. N. Laddha2 pages

14.10926.22-wp.docx Digitally signed by BASAVRAJ GURAPPA PATIL Date:

2022.09.22 15:33:17 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION BASAVRAJ GURAPPA PATIL WRIT PETITION NO. 10926 OF 2022 Govardhan Namdeo Topale (Deceased) Through Bhartibai Govardhan Topale ..... Petitioner Vs.

State of Maharashtra & Ors.

..... Respondents WITH WRIT PETITION NO.9838 OF 2022 Ramchandra Choure ..... Petitioner Vs.

State of Maharashtra & Ors.

..... Respondents Mr. Balaji Shinde for the Petitioner in 10926/2022 Mrs. P.J.Gavhane, AGP for the State Ms. Sonali Pawar I/b. A. R. Kapadnis for Respondent Nos.4 and 5

CORAM:

S.V.GANGAPURWALA & R.N. LADDHA, JJ.

DATED :

SEPTEMBER 21, 2022 P.C.

We have heard the learned Counsel for the Petitioner and the Respondents.

The learned Counsel for the Petitioner submits that all these Petitioners are appointed prior to the Government Resolution dated 4th October 1983. The Petitioners seek pensionary benefits. Basavraj 1/2

14.10926.22-wp.docx The Division Bench of this Court at Aurangabad to which one of us (S.V.Gangapurwala,J.) was a party, under order dated 4th July 2019 in Writ Petition No.6143 of 2016 with connected Writ Petition has held that the cut-off-date provided under Government Resolution dated 4th October 1983 is erroneous and the Petitioners treated as regular employees working and officiating on substantive vacant post till the age of superannuation, should be considered for retiral and pensionary benefits.

The Petitioners are similarly situated as the Petitioners in Writ Petition No.6143 of 2016 decided under judgment and order dated 4th July 2019.

In light of that, we pass the following order: a.

We direct that the Petitioners would be entitled for pension and pensionary benefits.

b.

The Respondents shall consider case of the Petitioners for pensionary benefits and shall not refuse to grant pensionary benefits to the Petitioners on the ground that they did not possess the necessary qualification. The same shall be considered expeditiously and preferably within a period of four

(04) months from the date of this order.

c.

The Writ Petitions stand disposed of.

(R.N. LADDHA,J.) (S.V. GANGAPURWALA, J.) Basavraj 2/2