Ramesh Vitthal Pande v. The State Of Maharashtra Through Secretary And Others

2024:BHC-AUG:28284-DB 40 WP 13104 OF 2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 40 WRIT PETITION NO. 13104 OF 2024 RAMESH VITTHAL PANDE

VERSUS

THE STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS ...

Advocate for the Petitioner : Mr. Bhosle Pratik Arvind AGP for Respondents: Mr. M.K. Goyanka ...

CORAM

: MANGESH S. PATIL & PRAFULLA S. KHUBALKAR , JJ.

DATE : 02.12.2024 PER COURT :

Issue notice for final disposal.

2.

The learned A.G.P. waives service for all the respondents. 3.

We have heard both the sides finally.

4.

The petitioner was appointed as a muster assistant on contractual basis way back in the year 1985. He was subsequently absorbed in the regular cadre in the year 2004 and stood superannuated on 31.05.2012. He is seeking pension in light of the decision of the Supreme Court in the matter of Shaikh Miya s/o Shaikh Chand Vs. State of Maharashtra in Civil Appeal No. 6531-6533/2022, decided on 07.09.2022. 5.

The issue being no more res integra in light of the observations of the Supreme Court, which are squarely applicable to the petitioner's case, the writ petition is disposed of with a direction to respondent no. 2 to ensure 1/2

40 WP 13104 OF 2024.odt that the petitioner's pension papers are cleared, as expeditiously as possible, and simultaneously he shall be extended all the benefits/payments together with interest at the rate of 6% p.a. on arrears of pension, which shall be paid to him within 16 weeks. The regular pension to the petitioner shall commence with effect from 01.04.2025.

( PRAFULLA S. KHUBALKAR J.) (MANGESH S. PATIL, J.) mkd/- 2/2