Anil Charles Thombre v. The State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 4 WRIT PETITION NO.5917 OF 2019 ANIL CHARLES THOMBRE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner : Mr Pisal Pramod A.

AGP for Respondents State: Mr V M Kagne

CORAM

: S. V. GANGAPURWALA & ANIL S. KILOR, JJ.

DATE : 16th September, 2019 ORDER:

1.

The petitioner assails the Government Resolution dated 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.

Learned AGP accepts notice for respondent Nos. 1, 2 and 3.

3.

It is the contention of the learned counsel for the petitioner that, the petitioner has retired on 30.04.2007.

4.

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.

5.

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

6.

The writ petition stands disposed of accordingly. No costs.

(ANIL S. KILOR, J.) (S.V.GANGAPURWALA, J.) JPC