Maruti Laxman Sarane And Anothers v. The State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 12554 OF 2015 1.

Maruti Laxman Sarane Age 65 years, Occu: Pensioner 2.

Satappa Chanbasappa Vhaldure Age 65 years, Occu: Pensioner ... Petitioners R/o Teacher Colony, Anadur, Tal.Tuljapur, Dist. Osmanabad.

VERSUS

1.

The State of Maharashtra, Through its Secretary, Finance Department, Mantralaya, Mumbai-32

2. The Accountant General-II (A & E) Pension Wing, Old Building, In front of Ravi Bhavan, Nagpur 3.

The Education officer (Secondary) Zilla Parishad, Osmanabad, District Osmanabad.

... Respondents Mr. N. D. Kendre, Advocate for the petitioners Mr V. H. Dighe, AGP for Respondent Nos. 1 to 3

CORAM

: S. V. GANGAPURWALA & K. L. WADANE, JJ.

DATE :

18th August, 2016 ORAL JUDGMENT ( Per S. V. Gangapurwala, J.):

1.

Rule. Rule made returnable forthwith.

The learned A. G. P. waives notice of rule. With the consent of parties, taken up for final hearing.

2. Mr. Kendre, the learned counsel submits that, the 1/3

petitioners have retired between 1st January, 2006 and 26th February, 2009 and as per the judgment of this Court dated 9th May, 2014 in Writ Petition No. 8985 of 2011 with other connected writ petitions, the cut off date has been held to be erroneous and the benefit of the Government Resolution dated 30th October, 2009 has also been granted to those persons who have retired between 01.01.2006 and 26.02.2009.

3.

The learned counsel further submits that, even the review filed by the State of the said judgment is rejected.

4.

We have heard the learned Assistant Government Pleader also.

5.

The issue involved in present writ petition is no longer res integra in view of the judgment dated 9th May, 2014 in Writ Petition No. 8985 of 2011 with other connected writ petitions. Those persons who have retired in between 01.01.2006 and 26.02.2009 will also be entitled for the benefit of Government Resolution dated 30th October, 2009 with regard to the revised pension.

6.

In the light of the above, we pass the following 2/3

order.

7.

The respondents shall consider the case of petitioners for the payment of revised pension in terms of Government Resolution dated 30th October, 2009 after satisfying itself about the eligibility of the petitioners expeditiously and preferably within a period of four (4) months from today. The petitioners may also comply with the formalities required for processing revised pension papers.

8.

Rule accordingly is made absolute in above terms.

(K. L. WADANE, J.) (S. V. GANGAPURWALA, J. ) JPC 3/3