Bapurao Namdeo Barve v. The State Of Maharashtra And Others

3-wp.2349.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.2349 OF 2018 BAPURAO NAMDEO BARVE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ---- Mr.U.S.Malte, Advocate for petitioner Mr.K.S.Patil, AGP for respondent nos.1 to 4 Mr.S.S.Gangakhedkar, Advocate for respondent nos.5 and 6 ---- CORAM : S.V. GANGAPURWALA AND R.G. AVACHAT, JJ.

DATE : DECEMBER 18, 2018 PER COURT On the last date i.e. 12.12.2018, we had heard Mr.Malte, learned Counsel for the petitioner. On that date, we passed the following order :- "

The rival contentions are made about non cooperation of each other for forwarding the pension proposal of the petitioner.

2.

We may not enter into the said dispute. The petitioner is the retired person and will be interested in getting his retiral

3-wp.2349 benefits and pension. The petitioner may remain present in the office of Respondent No.6 on 14th December, 2018 at 11.00 a.m. Respondent No.6 shall complete all the requirements from the petitioner. The petitioner and Respondent No.6 shall cooperate with each other. On making all compliances by the parties, Respondent Nos.

5 and 6 shall take steps and get the pension proposal of the petitioner completed in all respect immediately. Place the matter on 18th December, 2018."

2.

It is submitted that pursuant to the above order, the petitioner had attended the office of the respondent/Institution. It is also further submitted that a proposal is already forwarded by the respondent/Institution on 15.12.2018 to respondent no.3 - the Joint Director of Higher Education, for fixation of revised pay scale of the petitioner. On the same day, it has been received by the Joint Director.

3-wp.2349 3.

Respondent no.3 - Joint Director of Higher Education shall take a decision upon the said proposal (i.e. page 98 Exh. R-13) within a period of ten days from today and communicate the same to the parties. Upon decision thereon, respondent nos.5 and 6 shall forward the pension proposal of the petitioner, within fifteen days of the receipt of communication about revision of the pay scale. Respondent no.3 - Joint Director of Higher Education and respondent nos.5 and 6 shall adhere to the stipulation of time.

4.

The Writ Petition is accordingly disposed of. No costs.

[R.G. AVACHAT, J.] [S.V. GANGAPURWALA, J.] kbp