Appasaheb Sahebrao Deshmukh v. The State Of Maharashtra And Others

1 Sr921WP9229.2015&Ors

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

BENCH AT AURANGABAD.

WRIT PETITION NO. 9229 OF 2015 Sudham Baliram Nerpagar ... Petitioner

VERSUS

The State of Maharashtra & Ors ... Respondents WITH WRIT PETITION NO. 9230 OF 2015 Appasaheb S/o Sahebrao Deshmukh ... Petitioner

VERSUS

The State of Maharashtra & Ors ... Respondents WITH WRIT PETITION NO. 9231 OF 2015 Urmila W/o Prabhakar Nemade ... Petitioner

VERSUS

The State of Maharashtra & Ors ... Respondents WITH WRIT PETITION NO. 9232 OF 2015 Magan S/o Deochand Mahale ... Petitioner

VERSUS

The State of Maharashtra & Ors ... Respondents WITH WRIT PETITION NO. 9235 OF 2015 Subhash S/o Sahadu Patil ... Petitioner

2 Sr921WP9229.2015&Ors

VERSUS

The State of Maharashtra & Ors ... Respondents ..........

In all petitions:

Mr Vinod S. Khairnar (Patil), Advocate for the petitioner Mrs M. A. Deshpande, AGP for respondent/State Mr G. D. Jain, Advocate h/f Mr M. S. Sonawane, Advocate for respondent No. 4 Ms Kalyani Patil, Advocate h/f Mr Vijay Sharma, Advocate for respondent No. 4 & 5 in WP No. 9231/2015 .............

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

DATE : 21ST MARCH, 2018.

ORDER:

1.

The petitioners assail the Government Resolution dt.30.10.2009 issued by the Finance Department of State of Maharashtra thereby denying the benefits of revised pension provisions for those who have retired between 01.01.2006 and 26.02.2009.

2.

It is the contention of the learned counsel for the petitioners that, all these petitioners have retired between 01.01.2006 to 26.02.2009.

3 Sr921WP9229.2015&Ors 3.

The issue is no longer res integra in view of the judgment of this Court in Writ Petition No. 8985 of 2011 with connected writ petitions delivered on 09.05.2014. It has been held that, even those persons who have retired in between 01.01.2006 to 26.02.2009 would be entitled for the benefit of revised pension. 3.

In light of the above and for the reasons recorded in the aforesaid judgment, the respondents shall pay to the petitioners the revised pension, the difference of the pension as per the GR dt.30.10.2009 expeditiously, preferably within 6 months as the cut off date prescribed in the said Government Resolution has been held to be unconstitutional.

4.

The writ petitions stand disposed of accordingly. No costs. [ A. M. DHAVALE ] [ S. V. GANGAPURWALA ] JUDGE JUDGE Punde