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Bombay High CourtWP/5857/2015disposed offdismissed for default

Arun Baburao Padwal And Others v. The State Of Maharashtra And Others

2015-06-15Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice V.K. Jadhav2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 5857 OF 2015 Arun Baburao Padwal and others .. Petitioners

Versus

The State of Maharashtra and others .. Respondents Shri V. P. Latange, Advocate for Petitioners. Shri D. B. Bhange, A.G.P. for All Respondents. CORAM : S. V. GANGAPURWALA AND V. K. JADHAV, JJ.

DATE : 15TH JUNE, 2015.

PER COURT :

.

Mr. Latange, the learned counsel submits that, the petitioners retired in between 01.01.2006 to 26.02.2009. The clause negating right of such employees from getting revised pension vide G. R. dated 30th October, 2009 has been quashed and set aside by this Court and the petitioners are entitled for the benefit of revised pension. The petitioners have given representation (Exhibit - G page 166 to 171), however, no decision has been taken on it as yet.

2.

The learned Assistant Government Pleader submits that, in case said representation is pending, the respondents would decide the same on its own merits.

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The issue involved in the present writ petition is no loner res-integra in view of the judgment dated 09.05.2014 delivered by this Court in Writ Petition No. 8985 of 2011 with other connected writ petitions. The persons who have retired in between 01.01.2006 to 26.02.2009 will also be entitled for the benefit of Government Resolution dated 30th October, 2009 with regard to revised pension.

4.

In the light of that, we pass the following order. 5.

The respondents shall consider the case of petitioners for payment of revised pension in terms of Government Resolution dated 30th October, 2009 and as represented by them in representation (Exhibit - G page 166 to 171) and thereafter satisfying itself with the eligibility of the petitioners, decide the said representation expeditiously and preferably within a period of four (04) months from today. The writ petition accordingly is disposed of. No costs.

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