The State Of Maharashtra And Others v. Bhausaheb Sakharam Navthar

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.3835 OF 2019 IN REVIEW APPLICATION (ST.) No.6474 of 2019 IN WRIT PETITION NO.539 OF 2017 (The State of Maharashtra and others Vs. Bhausaheb Sakharam Navthar) ---- Mr. S.P. Tiwari, A.G.P. for the applicants/petitioners ---- CORAM :

S.V. GANGAPURWALA AND SUNIL K. KOTWAL, JJ.

DATE :

15th MARCH, 2019 ORDER :

Heard learned A.G.P. on the review application also.

2.

The applicant seeks review of the order dated 6th June, 2018, passed in writ Petition No.539/2017 only on the ground that at the Principal Seat at Bombay in Writ Petition No.10471/2014, under order dated 13th November, 2017, it is held that the period of services rendered by the petitioners therein as Muster Assistants cannot be counted for pensionary benefits.

ca3835-2019 3.

In Writ Petition No.539/2017, while passing the order under review, we were not considering the case of the petitioner with regard to pension. Our order was based on the orders passed at the Principal Seat at Bombay in Writ Petition Nos.2946/1997, 2236/1997 and 2246/1997 and the said judgment was upheld by the Apex Court.

4.

As far as pensionary benefits are concerned, we had specifically observed as under :- "We make it clear that apart from issuing directions regarding the date of permanent employment of the respective petitioners, we have not examined the case of the petitioners as regards the eligibility of pensionary benefits."

5.

In the light of above, no case for review is made out. In the circumstances, Civil Application for condonation of delay and Review Application stand rejected.

[SUNIL K. KOTWAL] [S.V. GANGAPURWALA] JUDGE JUDGE npj/ca3835-2019