Milind S/O Krushnrao Chaudhary v. State Of Maha., Thr. Secretary, Dept. Of Rural Development And Water Conservation, Mumbai And ORS

905. WP 1452 of 2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.1452/2023 Milind s/o Krushnrao Chaudhary ...Versus...

S tate of Maharashtra, Through its Secretary, Department of Rural Development & Water Conservation Mantralaya, Mumbai - 32 and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ - Shri N.R. Saboo, Advocate with Ms A.S. Lanjewar, Advocate for petitioner Shri N.R. Patil, AGP for respondent nos.1 and 2 CORAM : AVINASH G. GHAROTE, J.

DATE : 15/03/2023 1.

Heard learned counsel for the petitioner. The petition challenges the order dated 30/09/2022, passed by the Divisional Commissioner Amravati, upholding the order of the Chief Executive Officer, Zilla Parishad, Yavatmal, dated 29/04/2022, whereby the petitioner has been denied the benefit of the old pension rules.

2.

The petitioner, who was appointed on a compassionate appointment on 27/04/2006, on account of the demise of his father on 05/12/1979, he being minor at that time, is claiming the benefit of the old pension rules prevalent prior to 31/10/2005. The authorities below, in my considered opinion, have rightly held that since the appointment of the

905. WP 1452 of 2023.odt petitioner was on 27/04/2006 i.e. post 31/10/2005, when the old pension rules ceased to apply, the petitioner cannot claim any entitlement to the old pension rules. I, therefore, do not see any reason to interfere in the impugned order. The writ petition is without any merit is therefore rejected. No order as to costs. (AVINASH G. GHAROTE, J.) Wadkar SUKHADEORAO WADKAR