Gulabrao Baburao Ratnaparkhe And Vice President Of Bhartiya Swachhkar Ekta Manch Jalna v. The State Of Maharashtra And Others

1 W.P.No.14459/17

IN THE HIGH COURT OF JUDICATURE

AT BOMBAY BENCH AT AURANGABAD.

WRIT PETITION NO.14459 OF 2017 Gulabrao S/o Baburao Ratnaparkhe and Vice President of "Bhartiya Swachhkar Ekta Manch.

... Petitioner.

Versus

The State of Maharashtra through its Secretary.

... Respondents.

...

Mr.R.I.Wakade, advocate for the petitioner.

Mrs.A.V.Gondhalekar, Additional Government Pleader for the State.

Mr.J.J.Patil, advocate for Respondent No.4.

...

CORAM : S.V.GANGAPURWALA AND A.M. DHAVALE,JJ.

Date : 04.04.2018.

PER COURT :

1.

Heard learned counsel for the petitioner and Respondent.

2 W.P.No.14459/17 2.

Para 3 of the affidavit of Respondent No.4 reads thus :

"3. I say and submit that the Respondent No.4 will revised and will pay the pensionary benefits to the extent of the petitioner only as per the Sixth Pay Scale within the period of six months after getting the approval to the same from the Collector Jalna in four instalments. I say and submit that so far as the list of employees who are retired from service annexed at Exhibit 'F' by the petitioner is concern, those employees are not parties before this Hon'ble Court and petitioner has not brought anything on record to show that he is having authority or power to litigate on behalf of those employees and it is not out of place to mention here that those employees and it is not out of

3 W.P.No.14459/17 place to mention here that those employees are not party to the present writ petition therefore, the prayer of grant of benefits as per 6th Pay Scale will be considered and accordingly granted to the extent of the petitioner."

3.

In view of said, the affidavit is accepted. The claim of the petitioner would be considered for pensionary benefit as per VI pay Commission. The grievance of the petitioner stands redressed.

4.

The Writ Petition is disposed of. No costs.

(A.M.DHAVALE,J.) (S.V.GANGAPURWALA,J.) asp/office/wp14459.17

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