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Bombay High CourtWP/1178/2015disposed offdismissed for default

Baburao Ravanrao Kolsure And Another v. The State Of Maharashtra And Others

2015-02-02Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice V.L. Achliya6 pages

UNREPORTED

IN THE HIGH COURT OF JUDICATURE AT

BOMBAY BENCH AT AURANGABAD.

WRIT PETITION NO.1178 OF 2015.

1. Baburao S/o Ravanrao Kolsure, Age 66 years, Occ.Pensioner, R/o Mauli Nivas, Sitaram Nagar, Latur, Tq.and Dist.Latur.

2.Vaijnath S/o Annarao Faske, Age 67 years, Occ.Pensioner, R/o 28, Sharda Nagar, Ambajogai Road, Latur, Tq. And Dist.Latur. ... Petitioners.

Versus

1. The State of Maharashtra, through its Secretary, Finance Department, Mantralaya, Mumbai-32.

2. The Accountant General-II (A&E), Pension Wing Old Building,

3. The Account Officer(Education), Latur, Dist.Latur.

...

WRIT PETITION NO.1182 OF 2015

1. Sheshrao S/o Trimbakrao Vibhute, Age 65 years, Occ.Pensioner,

R/o Naxtra Niwas, Narayan Nagar, Latur, Tq.and Dist.Latur.

2. Shivaji S/o Krishna Ghoge, Age 65 years, Occ.Pensioner, R/o H.No.107/1 Ajay Nagar, Omerga, Tq. Omerga, Dist.Osmanabad.

3. Pandit S/o Govindrao Dhanure, Age 65 years, Occ.Pensioner, R/o Saharawadi, New Killari, Tq.Ausa,Dist.Latur.

... Petitioners.

Versus

1. The State of Maharashtra, through its Secretary, Finance Department, Mantralaya, Mumbai-32.

2. The Accountant General-II (A&E), Pension Wing Old Building,

3. The Account Officer(Education), Latur, Dist.Latur.

...

WRIT PETITION NO.1185 OF 2015 Dr.Manik S/o Sambhaji Jadhav, Age 67 years, Occ.Pensioner, R/o Sambhaji Complex, Shivaji Chowk, Latur, Tq.and Dist.

Latur.

... Petitioner.

Versus

1. The State of Maharashtra, through its Secretary, Finance Department, Mantralaya, Mumbai-32.

2. The Accountant General-II (A&E), Pension Wing Old Building,

3. The Commissioner of Animal Husbandry, Maharashtra State, Pune.

Mr.N.D.Kendre, advocate for the Petitioners.

Mr.K.J.Ghute Patil, Asstt. Govt. Pleader for the State.

...

CORAM : S.V.GANGAPURWALA & V.L.ACHLIYA,JJ.

Date : 02.02.2015.

ORAL JUDGMENT (Per S.V.Gangapurwala,J.) 1.

Heard.

2.

Rule. Rule made returnable forthwith.

The learned Asstt. Govt. Pleader waives notice of Rule. With the consent of the parties, taken up for final hearing.

3.

Mr.Kendre, learned counsel submits that, the petitioners in all these writ petitions have retired between lst January 2006 to 26th February, 2009 and as per the judgment of this Court dated 09th May, 2014 in Writ Petition No.8985/2011 with other connected Writ Petitions,

the cut off date has been held to be erroneous and the benefit of the Government Resolution dated 30th October, 2009 has also been granted to those persons who have retired between 01.01.2006 to 26.2.2009.

4.

The learned counsel further submits that, even the review filed by the State of the said judgment is rejected.

5.

We have heard the learned Assistant Government Pleader also.

6.

The issue involved in the present Writ Petitions is no longer res-integra in view of the judgment dated 9th May, 2014 in Writ Petition No.8985 of 2011 with other connected Writ Petitions. Those persons who have retired in between 1.1.2006 to 26.2.2009 will also be entitled for the benefit of Government Resolution dated 30th October, 2009 with regard to the revised pension.

7.

In light of the above, we pass the

following order :

a) The Respondents shall consider the case of the petitioners for the payment of revised pension in terms of Government Resolution dated 30th October, 2009 after satisfying itself about the eligibility of the petitioners expeditiously and preferably within a period of four (4) months from today. The petitioners may also comply with the formalities required for processing revised pension papers.

b) Rule accordingly is made absolute in above terms.

(V.L.ACHLIYA,J.) (S.V.GANGAPURWALA,J.) asp/office/wp117815