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Bombay High CourtWP/2238/2021allowed

Dr. Lata Subhash Agale v. State Of Maharashtra Through Secretary Higher And Technical Education Department, Mumbai And Others

2021-08-31Hon'Ble Shri Justice Sunil B. Shukre,Hon'Ble Shri Justice Anil S. Kilor2 pages

Judgment WP 2238.2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 2238 OF 2021 Dr. Lata Subhash Agale, Aged about 61 years, Occ. Retired, R/o.Ramayan Nagri, Sahakar Nagar, Rani Laxmibai Ward, Bhandara - 441904 .. Petitioner

Versus

1. The State of Maharashtra Through its Secretary, Higher and Technical Education Department, Mantralaya, Mumbai - 440032 .. Respondents

2. Joint Director Higher Education Nagpur Division, Nagpur

3. J. M. Patel Arts, Commerce & Science College, Bhandara, Through its Principal, Bhandara, Dist. Bhandara - 441904.

Mr. A. I. Sheikh, Advocate for petitioner.

Mr. N. R. Patil, A.G.P. for respondent Nos.1 & 2. Mr. B. G. Kulkarni, Advocate for respondent No.3.

CORAM

:

SUNIL B. SHUKRE AND ANIL S. KILOR, JJ.

DATED :

31/08/2021 ORAL JUDGMENT (Per Sunil B. Shukre, J.) Heard Mr.A.I.Sheikh, learned counsel for the petitioner and Mr.N.R.Patil, learned AGP for respondent Nos.1 and 2 and Mr.B.G.Kulkarni, learned Advocate for respondent No.3. KOLHE/P.A

Judgment WP 2238.2021.odt (2) Rule. Rule made returnable forthwith. Heard finally by consent of the learned counsel appearing for the parties. (3) 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.

(4) Therefore, the Writ Petition is allowed.

(5) The impugned communication 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 with arrears from the date of superannuation till the actual payment within a period of three months from the date of the order. (6) Rule accordingly. No costs.

[ANIL S. KILOR] [SUNIL B. SHUKRE] .

KOLHE/P.A