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Bombay High CourtWP/7528/2015rejected at admission stage

Anita Marotirao Dulewad v. The State Of Maharashtra And Others

2015-11-24Hon'Ble Shri Justice S.S. Shinde,Hon'Ble Shri Justice P.R. Bora1 pages

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGBAD WRIT PETITION NO. 7528 OF 2015 ANITA MAROTIRAO DULEWAD

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner : Mr. Bopshetty U.M.

AGP for Respondent/State : Mr. S.K. Tambe ...

CORAM : S.S. SHINDE & P.R. BORA, JJ.

Dated: November 24, 2015 ...

PER COURT :- Heard.

2.

Admittedly the petitioner was appointed on 1st December, 2005. The Government Resolution dated 31st October, 2005 issued by the Finance Department, Government of Maharashtra stipulates the condition that, the existing general provident fund scheme (GPF) would not be applicable to the Government servants, who are recruited on or after 1st November, 2005 in State Government service. 3.

The contention of the learned counsel appearing for the petitioner is that, the petitioner was selected in the year 2003 and in case, she would have been appointed immediately, the petitioner should have been entitled for getting the benefit.

4.

In our opinion, firstly, the challenge is too late, by filing writ petition in the year 2015, and secondly, on plain reading of the Government Resolution, the benefit of the said Government Resolution cannot be extended to the the petitioner. Therefore, no case is made out. The Petition is rejected.

( P.R. BORA, J. ) ( S.S. SHINDE, J. ) ...

sga/-