Vishnu S/O Shankar Patil v. The State Of Maharashtra Thru Secretary, Finance Dept. And ORS

Husen 1 25 WP-12171-2023 group.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12171 OF 2023 Digambar S/o Madhukar Bhalerao WITH WRIT PETITION NO. 12175 OF 2023 by HUSENBASHA RAHAMAN NADAF Date: 2024.02.07 15:45:20 +0530 HUSENBASHA RAHAMAN NADAF Smt. Teja Rajaram Baikar Nee Lata Dhondiba Pawar ...Petitioner WITH WRIT PETITION NO. 12174 OF 2023 Azimunnisa Saheblal Subedar Nee Anjumunnisa A. Sattar Deshmukh WITH WRIT PETITION NO. 12173 OF 2023 Nana S/o Bhanudas Raut WITH WRIT PETITION NO. 12172 OF 2023 Venugopal S/o Siddaiah Konda

Husen 2 25 WP-12171-2023 group.doc WITH WRIT PETITION NO. 6598 OF 2023 Dhananjay S/o Vitthal Panhalkar WITH WRIT PETITION NO. 12830 OF 2023 Chandrakant S/o Dhondiram Desai WITH WRIT PETITION NO. 16173 OF 2023 Smt. Minakshi Parshuram Pavekar Nee Minakshi Krishna Dahiwalkar WITH WRIT PETITION NO. 13343 OF 2023 Umakant S/o Ramchandra Kulkarni WITH WRIT PETITION NO. 12828 OF 2023 Vishnu S/o Shankar Patil WITH

Husen 3 25 WP-12171-2023 group.doc WRIT PETITION NO. 16174 OF 2023 Ratan Ananda Tadakhe .......

Mr. Arvind G. Ambetkar, for Petitioner in all Petitions. Mr. V.M. Mali, AGP in WP/12171/2023.

Mr. K. S. Thorat, AGP in WP/12175/2023.

Mr. N.M. Mehra, AGP in WP/12174/2023 and WP/12173/2023. Mr. A.a. Purav, AGP in WP/12172/2023.

Mr. M.M. Pabale, AGP in WP/6598/2023 and WP/12830/2023. Mr. S.B. Kalel, AGP in WP/16173/2023, WP/16174/2023, WP/13343/2023 and WP/12828/2023.

.......

CORAM : NITIN JAMDAR & M.M. SATHAYE, JJ.

DATE : 31 JANUARY 2024 P.C.:

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The Petitioners have relied upon the decision of this Court in Writ Petition No. 4748 of 2019 dated 1 October 2021 which itself referred to several decisions of this Court rendered earlier. According to the Petitioners, the Petitioners have worked as Librarians or Assistant Teachers prior to 1 November 2005. It is not that Petitioners cannot get any relief as per the old pension scheme but the same is based on certain conditions. However, we note that the Petitioners have directly approached this Court without making any prayer to the Respondent Authorities regarding the prayers made in these Petitions.

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We therefore dispose of these Petitions permitting the Petitioners to apply to concerned authorities. The Petitioners will annex to the applications, the decisions of this Court. The concerned authority upon receipt of the Petitioners' representations / applications, will deal with the decisions so cited and pass reasoned orders. We make it clear that if the Respondent authorities ignore the decisions of this Court while passing the order or seek to distinguish them on untenable grounds, the Court will view such an act with seriousness. If the representations are made within a period of 2 weeks, the Respondent Authorities will take a decision within a period of 10 weeks thereafter subject to earlier time bound commitments and pressing public duties.

3.

The learned AGP states that the decision of the Writ Petition No. 4748 of 2019 is challenged by the State Government. However, we are neither informed that there is an interim order. Also the decision in Writ Petition No. 4748 of 2019 has not taken a view at the first instance. It has followed the decisions laid down by this Court over a period of time and we are not informed that these decisions are subject matter of challenge before the Hon'ble Supreme Court.

( M.M. SATHAYE, J.) ( NITIN JAMDAR, J.)