Sampat Uttamrao Shinde And Others v. The State Of Maharashtra And Others
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD WRIT PETITION NO.10866 OF 2015
1. Sampat s/o Uttamrao Shinde, age 66 years, occu. Pensioner, r/o Raviraj Park (Parwatinagar), Parbhani,Tal. & Dist. Parbhani.
2. Laxman s/o Khobraji Kokare, age 65 years, occu. Pensioner, r/o H.No.12-3.125, Upsarpanch Nagar, Taroda, near Swapnaja Garden, Taroda Naka, Tq. & Dist. Nanded.
3. Sopan s/o Dhondiba Dhage, age 66 years, occu. Pensioner, r/o Siddharth Nagar, Purna, near Locoshade Purna, Tq. Purna, Dist. Parbhani.
... PETITIONERS.
VERSUS
1.
The State of Maharashtra Through its Principal Secretary Finance Department, Mantralaya, Mumbai-400 032.
2.
The Chief Executive Officer, Zilla Parishad, Parbhani.
3.
The Chief Accounts & Finance Officer, Zilla Parishad, Parbhani.
4.
The Education Officer, Zilla Parbhani.
... RESPONDENTS ...
Adovcare for petitioners: Mr.K.M. Nagarkar h /f Mr. Rohidas Sakharam Shejule.
AGP for State : Mr.K.D. Munde.
Advocate for R.Nos.2 to 4 : Mr.B.A. Shinde.
...
CORAM :S.S.SHINDE & P.R.BORA,JJ.
DATE : 17 th December,2015.
ORAL ORDER:
1.
Rule. Rule made returnable forthwith. The learned AGP waives notice of Rule. With the consent of parties taken up for final hearing.
2.
The learned counsel submits that, the petitioners in this writ petition retired from service on 31.7.2007, 30.11.2008 and 31.5.2007 respectively (i.e. between 01st January, 2006 to 26th February, 2009) and as per the judgment of this Court dated 09th 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 to 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 09th May, 2014 in Writ Petition No.8985 of 2011 with other connected writ petitions. Those persons who have retired in between 01.01.2006 to 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 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. Rule accordingly is made absolute in above terms. (P.R.BORA) (S.S.SHINDE) JUDGE JUDGE PLK