Bhika Harsing Jadhav v. The State Of Maharashtra And Others

1 wp 9034.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 9034 OF 2018 Bhika Harsing Jadhav .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Shri Anant D. Gadekar, Advocate for the Petitioner.

Shri A. V. Deshmukh, A.G.P. for Respondent Nos. 1 to 3.

Shri S. S. Tope, Advocate for Respondent No. 4.

CORAM:

S. V. GANGAPURWALA & SUNIL K. KOTWAL, JJ.

DATE:

7 th August, 2018 PER COURT :

1.

Learned Assistant Government Pleader appears for respondent nos. 1 to 3. Mr. Tope, learned counsel appears for respondent no. 4.

2.

Mr. Gadekar, learned counsel for the petitioner submits that the petitioner has retired as 'Kendra Pramukh' within a period that is 01.01.2006 to 27.02.2009. The learned counsel submits that the Division Bench of this Court in Writ Petition No. 8985 of 2011 with other connected Writ Petitions vide judgment and order

2 wp 9034.18 dated 9th May, 2014 has held that even those employees who have retired in between 01.01.2006 to 27.02.2009 will also have benefit of the Government Resolution dated 30th October, 2009 for payment of revised pension under the Maharashtra Civil Services (Pension) Rules.

3.

The learned counsel for the respondent and the learned A.G.P. do not dispute this position. 4.

In the light of that, the Writ Petition is disposed of. The respondent - State shall consider the case of the petitioner for payment of revised pension as per the Government Resolution dated 30th October, 2009. The petitioner shall submit representation to that effect with the respondent - State and the respondent - State shall consider the said representation within a period of three (3) months of its receipt and if found eligible as per the judgment of this Court, shall pay the same expeditiously. No costs.

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