Shantaram Sonu Shinde And Others v. State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 5712 OF 2015 Shantaram Sonu Shinde and others .. Petitioners

Versus

The State of Maharashtra and others .. Respondents WITH WRIT PETITION NO. 5728 OF 2015 Bhaskarrao Uttamrao Shinde and others.. Petitioners

Versus

The State of Maharashtra and others .. Respondents WITH WRIT PETITION NO. 5737 OF 2015 Pramila Tryambak Deore and others .. Petitioners

Versus

The State of Maharashtra and others .. Respondents WITH WRIT PETITION NO. 5738 OF 2015 Chintaman Ganpat Mohane and others .. Petitioners

Versus

The State of Maharashtra and others .. Respondents

2 wp 5712.15 WITH WRIT PETITION NO. 5744 OF 2015 Somanath Balvant Musale and others .. Petitioners

Versus

The State of Maharashtra and others .. Respondents Shri Ajay D. Pawar, Advocate for Petitioners in all matters. Shri D. B. Bhange, Smt. S. A. Dhumal and Shri K. M. Suryawanshi, A G. P. for Respondents/State.

CORAM : S. V. GANGAPURWALA AND V. K. JADHAV, JJ.

DATE : 09TH JUNE, 2015.

PER COURT :

.

Heard.

2.

Mr. Pawar, learned counsel submits that the issue involved in the present petition is no longer res-integra in view of the judgment of this Court in Writ Petition No. 8985 of 2011 with connected writ petitions decided on 9.5.2014. The learned counsel submits that even a Review filed by the State against the said judgment is dismissed. The learned counsel submits that the petitioners are retired teachers between 01.01.2006 to 26.02.2009 and they would be entitled for the benefit of the Government Resolution dated 30th October 2009.

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We have also heard learned assistant Govt. Pleader. 4.

In view of the judgment of this Court dated 9.5.2014 in W.P. No. 8985of 2011 with connected writ petitions, the issue involved in the present writ petition is no longer res-integra. This Court has held that the cut off dates stated in the said Government Resolution dated 30th October 2009, wherein benefit of the revised pension was not given to those employees who had retired in between 1.1.2006 to 26.2.2009 has been set aside. 5.

In light of the above, we pass the following order : 6.

The petitioners through their respective Schools/Headmasters/Management shall forward the proposal to the Respondent/State for revised pension i. e. benefit as per the Government Resolution dated 30.10.2009. Upon receipt of the said proposal, the State shall process and verify the same and if otherwise the petitioners are found eligible shall give the benefit of the revised pension as per Government Resolution dated 30.10.2009, expeditiously and preferably within four (4) months from the date of receipt of the proposal. The writ petitions accordingly disposed of.

[ V. K. JADHAV, J. ] [ S. V. GANGAPURWALA, J. ] bsb/June 15