Sheshrao Bhaurao Kulkarni And Others v. The State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.7216 OF 2016 Sheshrao s/o. Bhaurao Kulkarni, Age - 67 years, Occ. Pensioner, r/o. Vivekanand Nagar, B Wing, Flat No.7 and 8, Behind Gokul Sweet Mart, N-4, Aurangabad and ors.

..Petitioners Vs.

The State of Maharashtra, Through its Secretary, Finance Department, Mantralaya, Mumbai - 400 032 and ors.

..Respondents -- Mr.S.K.Mathpati, Advocate for petitioners Mrs.M.A.Deshpande, AGP for respondent nos.1, 3 and 4 -- CORAM : S.S. SHINDE AND SANGITRAO S. PATIL, JJ.

DATE : AUGUST 11, 2016 PER COURT :

Heard.

2.

The learned counsel appearing for the petitioners tenders across the bar a copy of the judgment in the case of Smt. Savitribai Narsayya Gudappa Vs. The State of Maharashtra passed in Writ Petition No. 8985 of 2011 with other connected Writ Petitions on 9th May, 2014 and also a copy of the order dated 13th July, 2016, passed by this Court in the case of Pandurang

54-wp7216 Balappa Ekhande and others Vs. The State of Maharashtra and others in Writ Petition No. 981 of 2016 and submits that the controversy raised in the present Writ Petition is no longer res integra and covered by the judgment in the case of Smt. Savitribai Narsayya (Supra). The learned A.G.P. does not dispute this position. 3.

In the light of that, the Writ Petition is disposed of. The Respondents/State shall consider the case of the petitioners for payment of revised pension as per the Government Resolution dated 30th October, 2009. The petitioners shall submit representations to that effect with the Respondents/State and the Respondents/State shall consider the said representations within a period of three months of its receipt and if the petitioners are found eligible as per the judgment of this Court, shall pay the same expeditiously. No costs.

[SANGITRAO S. PATIL, J.] [S.S. SHINDE, J.] kbp