Vishwasrao Sitaram Pawar v. State Of Maharashtra And Others

FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.8290 OF 2015 WITH WRIT PETITION NO.3544 OF 2015 WRIT PETITION NO.4382 OF 2015 WRIT PETITION NO.3543 OF 2015 WRIT PETITION NO.7980 OF 2015 WRIT PETITION NO.8156 OF 2015 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders.

Court's or Judge's orders Mr.V.G.Salgare, advocate for the petitioners. Mr.K.G.Patil, Addl. Govt. Pleader for the State. CORAM : S.V.GANGAPURWALA & V.K.JADHAV,JJ.

Date : 11.08.2015.

PER COURT :

1.

Heard.

2.

Rule. Rule made returnable forthwith. The learned Addl. Govt. Pleader waives notice of Rule. With the consent of parties, taken up for final hearing.

3.

Mr.Salgare, the learned counsel submits that the petitioners in all these writ petitions have retired between 1st January, 2006 to 26th February, 2009 and as per the judgment of this Court dated 9th May, 2014 in Writ Petition No.8985 of 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 1.1.2006 to 26.2.2009.

3.

The learned counsel further submits that, even the review filed by the State of the said judgment is rejected. 4.

We have heard the learned Assistant Government Pleader also.

5.

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. 6.

In the light of the above, we pass the following order : i) The respondents shall consider the case of 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. ii) Rule accordingly is made absolute in above terms. (V.K.JADHAV,J.) (S.V.GANGAPURWALA,J.) Dt.11.08.2015.

asp/office/wp8290.15