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Bombay High CourtWP/6336/2018disposed offdismissed for default

Association Of College And University Superannuated Teachers Thu It President And Convener M A Wahu v. The State Of Maharashtra And Others

2018-06-25Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice Sunil K. Kotwal3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 21 WRIT PETITION NO. 6336 OF 2018 ASSOCIATION OF COLLEGE AND UNIVERSITY SUPERANNUATED TEACHERS THU IT PRESIDENT AND

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioners : Mr. N.B.Kamble h/f Mr. Adwant S.V.

AGP for Respondents : Mr. N.T.Bhagat ....

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

DATE : JUNE 25, 2018 O R D E R :

. Rule. Rule made returnable forthwith. The learned A.G.P. waives notice of rule. With the consent of parties taken up for final hearing.

2.

Mr. Adwant, learned counsel submits that the members of petitioner association detailed in the chart Exh. 'A' have retired between 01st 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

wp6336.18 Resolution dated 30th October, 2009 has also been granted to those persons who have retired between 01.01.2006 to 26.02.2009.

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 present writ petition is no longer res integra in view of the judgment dated 0th May, 2014 in Writ Petition No. 8985 of 2011 with other connected writ petitions. Those 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 the revised pension.

6.

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

wp6336.18 7.

The respondents shall consider the case of the members of petitioner association detailed in the chart Exh. 'A' for the payment of revised pension in terms of Government Resolution dated 30th October, 2009 after satisfying itself about the eligibility of the members of petitioner association expeditiously and preferably within a period of four (4) months from today. The members of petitioner association may also comply with the formalities required for processing revised pension papers. Rule accordingly is made absolute in above terms.

[SUNIL K.KOTWAL, J.] [S.V.GANGAPURWALA, J.] dbm