Shrirang Shivram Shrikhande v. The State Of Maharashtra And Others
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.13391 OF 2018 Hafij s/o Sardar Pathan, Age-69 years, Occu:Pensioner, R/o-At Post-Khwaja Nagar, In front of Gazi High School, Osmanabad, Tq. & Dist-Osmanabad
Mr.A.B. Chate, A.G.P. for Respondents.
WRIT PETITION NO.13415 OF 2018 Ismail Baig s/o Karim Baig Mogal, Age-70 years, Occu:Pensioner, R/o-Nagne Plot, Paranda Road, Barshi, Tq-Barshi, Tq. & Dist-Solapur
Mr.K.N. Lokhande, A.G.P. for Respondents.
WRIT PETITION NO.13416 OF 2018 Gulam Mohiddin s/o Gulam Dastagir Syed, Age-69 years, Occu:Pensioner, R/o-Shams Chouk, West Side, In front of Raja Wihir, Osmanabad, Tq. & Dist-Osmanabad
Mr.S.B. Narwade, A.G.P. for Respondents.
WRIT PETITION NO.13419 OF 2018 Hashmoddin s/o Badiyoddin Shaikh, Age-69 years, Occu:Pensioner, R/o-At Post-Wagholi (Warud Wagholi), Tq. & Dist-Osmanabad
Mr.P.S. Patil, A.G.P. for Respondents.
WRIT PETITION NO.13426 OF 2018 Shrirang s/o Shivram Shrikhande, Age-70 years, Occu:Pensioner, R/o-Balaji Niwas, House No.26/261, Samarth Nagar, Osmanabad, Tq. & Dist-Osmanabad
Mr.S.B. Narwade, A.G.P. for Respondents.
WRIT PETITION NO.13449 OF 2018 Jainuddhin s/o Lalasaheb Shaikh, Age-71 years, Occu:Pensioner, R/o-At Post-Near Arju General Stores, Bebawadi, Osmanabad, Tq. & Dist-Osmanabad
Mr.K.N. Lokhande, A.G.P. for Respondents.
CORAM: S.S. SHINDE AND K.K. SONAWANE, JJ.
DATE : 4TH DECEMBER, 2018 ORDER :
1.
Writ Petition No.13449 of 2018 is not on Board. On mentioning, taken on Board.
2.
Learned counsel appearing for the Petitioners states that the cut off date i.e. 27th February, 2009, prescribed in the Government Resolution dated 30th October, 2009 for payment of revised pension under the Maharashtra Civil Services Pension Rules, 1982, making it applicable to those employees who retired between 1st January, 2006 to 26th February, 2009, is declared unconstitutional. According to the learned counsel
for the Petitioners, in the present Writ Petitions, the Petitioners have retired in between 1st January, 2006 to 26th February, 2009, and the Judgment delivered by this Court in Writ Petition No.8985 of 2011 (Smt. Savitabai Narsayya Gudapa vs. State of Maharashtra and others) with other connected matters, dated 09th May, 2014 is applicable.
3.
Learned A.G.P., after going through the said Judgment, does not dispute that the ratio laid down in said Judgment is applicable in the facts of present case.
4.
For the reasons recorded in the Judgment delivered by the Division Bench of this Court dated 9th May, 2014, in Writ Petition No.8985 of 2011 (Smt. Savitabai Narsayya Gudapa vs. State of Maharashtra and others) with connected matters, the present Writ Petitions also stand allowed. The
State shall pay to the Petitioners the difference of the pension and the revised pension payable as directed by this Court in Writ Petition No.8985 of 2011 (Smt. Savitabai Narsayya Gudapa vs. State of Maharashtra and others) with other connected matters. However, before paying such difference of the pension and the revised pension concerned Respondent/Respondents would be at liberty to verify the factual details. Rule is accordingly made absolute. No costs.
[K.K. SONAWANE, J.] [S.S. SHINDE, J.] asb/DEC18