Vidya Rajendra Pundkar v. State Of Maharashtra, Through Secretary, Higher And Technical Education Department, Mumbai And Othe

20 WP-1234-2020

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO.1234 OF 2020 [Vidya Rajendra Pundkar ..V rs .. State of Maharashtra and Ors.] ____________________________________________________________________________________________ OfÏce Notes, OfÏce Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Shri. V. B. Bhise, Advocate for Petitioner Shri. N. R. Patil, AGP for the Respondent Nos.1 and 2 Shri. K. P. Mahalle, Advocate for Respondent No.3. CORAM : A. S. CHANDURKAR AND G. A. SANAP, JJ. DATE : 18 th DECEMBER , 2021.

Rule. Rule made returnable forthwith. Heard the learned Counsel for the parties.

2.

It is not in dispute that the issue involved in this petition having same facts, as the facts of the case of Shri. Maruti Dattatraya Patil .vs. The State of Maharashtra and ors. in Writ Petition No.13166 of 2017 decided on 03rd October, 2018, is squarely covered by the view taken in this very case.

3.

Therefore, the Writ Petition is allowed.

4.

The impugned communication dated 19.09.2019 is quashed and set aside. It is declared that the Petitioner is entitled for pensionary benefits and accordingly, the Respondents are directed to pay the pensionary benefits to the Petitioner in accordance with law from the date of superannuation which is 30.09.2019 within a period of three months from the date of the order.

5.

Rule accordingly. No costs.

(G. A. SANAP, J.) (A. S. CHANDURKAR, J.) TAMBE by ASHISH ASHOKRAO TAMBE Date: 2021.12.18 17:12:20 +0530 ASHISH ASHOKRAO TAMBE