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Bombay High CourtCA/25/2025disposed off

Pandurang Namdeo Shendage v. The State Of Maharashtra Thorugh Its Secretary And Another

2025-01-27Hon'Ble Shri Justice S. G. Mehare,Hon'Ble Shri Justice Shailesh P. Brahme3 pages

2025:BHC-AUG:2269-DB 1 ca 23.25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 23 OF 2025 IN WRIT PETITION NO. 9797 OF 2024 Vishnu Eknath Narwade .. Applicant

Versus

The State of Maharashtra and another .. Respondents Shri Ajay G. Talhar, Advocate for the Applicant. Shri D. R. Korde, A.G.P. for the Respondent No. 1. Shri Parag P. Shahane, Advocate for the Respondent No. 2. AND CIVIL APPLICATION NO. 25 OF 2025 IN WRIT PETITION NO. 4895 OF 2024 Pandurang Namdev Shendage .. Applicant

Versus

The State of Maharashtra and another .. Respondents Shri Ajay G. Talhar, Advocate for the Applicant. Shri P. S. Patil, Addl.G.P. for the Respondent No. 1. Shri Parag P. Shahane, Advocate for the Respondent No. 2. AND CIVIL APPLICATION NO. 28 OF 2025 IN WRIT PETITION NO. 2539 OF 2024 Mahavirsing Ramcharan Chauhan and others .. Applicants

Versus

The State of Maharashtra and another .. Respondents Shri Ajay G. Talhar, Advocate for the Applicants. Shri S. R. Yadav Lonikar, A.G.P. for the Respondent No. 1.

2 ca 23.25 Shri Parag P. Shahane, Advocate for the Respondent No. 2. CORAM : S. G. MEHARE AND SHAILESH P. BRAHME, JJ.

DATE : 27TH JANUARY, 2025.

ORDER :

.

Heard the respective counsels. The applicants have a case that their age of retirement is 62 years. However, by the impugned government resolution it has been reduced to 60. Though, as per the government resolution they have been shown to be retired, but still they are discharging their duties. 2.

By way of present civil applications they prayed to direct the employers/respondent Nos. 1 and 2 to process the pension papers of the applicants and pay regular pension and other benefits. The learned counsel for the applicants would rely on the interim order passed by the Division Bench at Nagpur in Writ Petition No. 1810 of 2024 dated 18.11.2024. 3.

Admittedly, the applicants have crossed 60 and as per the impugned government resolution, they have retired. Since the issue of age of retirement has been considered by the Coordinate Bench, we find that the applicants are entitled for the same relief.

4.

Hence the civil applications stands disposed of by directing the respondent Nos. 1 and 2 to start the process of the pension of

3 ca 23.25 the applicants within four (04) weeks from today and to take appropriate steps to pay them regular pension on their retirement at the age of 60 years on condition that the applicants would not claim any benefits or entitlement for anything or any monetary dues. However, they would continue to discharge the duties without any emoluments.

[SHAILESH P. BRAHME J.] [S. G. MEHARE, J.] bsb/Jan. 25