Rekha Naresh Pulekar v. Shree Shiv Shahu Mahavidyalay, Sharud And ORS.

(985)-WP-1219-17.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1219 OF 2017 Rekha Naresh Pulekar ..Petitioner

Versus

Shree Shiv Shahu Mahavidyalay, Sharud, Taluka Shahuwadi, District Kolhapur and others ..Respondents Mr. C. G. Gavnekar, Advocate for the Petitioner. Mrs. Shruti D. Vyas, "B" Panel counsel for Respondent Nos.2 to 6.

CORAM : B. R. GAVAI & M. S. KARNIK, JJ.

DATE : 19th OCTOBER, 2018 ORAL JUDGMENT (PER B.R.GAVAI, J.) :

1] Rule. Rule is made returnable forthwith. Heard by consent of parties.

2] The Petitioner has approached this Court seeking regular pension, gratuity and other pensionary benefits. 3] The facts in the present case are almost identical with the facts in Writ Petition No.13166 of 2017, which has been allowed by Division Bench of this Court vide judgment dated 3rd October 2018. We therefore find it appropriate to allow this Petition in the BGP. 1 of 2

(985)-WP-1219-17.doc.

light of the judgment of the Division Bench dated 3rd October 2018 passed in Writ Petition No.13166 of 2017. In the result, we pass the following order :-

ORDER

i) The Respondents are directed to make the pension applicable to the Petitioner on the basis of her last drawn salary.

ii) The pension is to be paid to the Petitioner from the month of November 2018. All the arrears between the date of superannuation till 31/10/2018 shall be cleared within a period of 3 months from today. iii) Needless to state that while making pensionary scheme applicable, the date of the appointment of the Petitioner shall be construed as 05/10/1992. iv) The Writ Petition is disposed of in the aforesaid terms.

[M. S. KARNIK, J.] [B. R. GAVAI, J.] BGP. 2 of 2