Smt Sanjivani Vasantrao Mahajan v. The State Of Maharashtra And ORS
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD WRIT PETITION NO.176 OF 2010 Rajendra s/o Tukaram Chitte Age: 50 Yrs., occu. Service R/o 67, Jaihind Colony, Deopur, Dhule, Dist. Dhule.
- PETITIONER
VERSUS
1) The State of Maharashtra Through Secretary, R.D.& Water Conservation Department, Mantralaya, Mumbai-32.
2) The Secretary, Rural Development & Water Conservation Department, Mantralaya, Mumbai-32.
The Chief Executive Officer, Zilla Parishad, Dhule.
- RESPONDENTS WITH WRIT PETITION NO.1133 OF 2010 Smt. Sanjivani w/o Vasantrao Mahajan, Age: 56 Yrs., occu. Household, R/o Gut No. 137, B-2/58, Vasant Vihar, Deolai road, Satara Parisar, Aurangabad.
- PETITIONER
VERSUS
1) The State of Maharashtra Through Secretary, R.D.& Water Conservation Department, Mantralaya, Mumbai-32.
2) The Secretary, Rural Development & Water Conservation Department,
Mantralaya, Mumbai-32.
The Chief Executive Officer, Zilla Parishad, Nandurbar.
- RESPONDENTS Mr.DR Irale-Patil, Advocate for Petitioner/s Mr.SB Joshi, AGP for Resp.Nos.1 & 2;
Mr.Nilesh N.Desale and Mr. PS Patil, Advocates for Resp.No.3 (in respective matters) ----- CORAM : T.V.NALAWADE & SANGITRAO S.PATIL,JJ.
DATE : 1 st MARCH,2017.
ORAL JUDGMENT (PER:- T.V.NALAWADE,J.) 1) Rule made returnable forthwith. By consent, taken up for final disposal.
2) Both the petitions are filed for giving pensionary benefits to the petitioners on the basis of Government Resolution dated 8.6.1995. The Government Resolution was issued for giving time bound promotion after completion of 12 years' service on the same post. The petitioners are retired persons. However, they were in service when the effect of aforesaid Government Resolution was to be given.
The submission made shows that beyond the benefit of the Government Resolution and applicable pensionary benefits, they are not claiming arrears of salary. The petitioners also seek fixation of pay as per the time bound promotion.
4) Learned Counsel for the petitioners placed reliance on the observations made by this court in the judgment dated 13th January, 2017 delivered Writ Petition No.2950/2009 (Suresh s/o Narayan Badgujar Vs. State of Maharashtra & Ors.) and Order dated 11th January, 2017 passed in Writ Petition No.346/2009 (Pandharinath Eknath Bakshi and Anr. Vs. State of Maharashtra & Ors.) 5) In view of the decision given in similar cases by this court, this court holds that, pay fixation in respect of the petitioners needs to be done after giving them time bound promotion on the basis of the Government Resolution if they are entitled to it and accordingly their pension
needs to be fixed.
6) The impugned Circular is, therefore, set aside. The benefit of the aforesaid Government Resolution needs to be given to the petitioners and consequently their pay to be fixed and their pension needs to be revised. This exercise to be done within three months from today.
7) Rule is made absolute in the aforesaid terms.
(SANGITRAO S.PATIL) (T.V.NALAWADE) JUDGE JUDGE bdv/