Ku. Jyoti Bapurao Mule And Another v. State Of Maharashtra, Thr. Secretary, Department Of Finance, Mumbai And Others

2024:BHC-NAG:11155-DB 1 58A) wp 5880-2023++

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR 5880/2023 Shailendra Anirudha Koche And Others Vs. State Of Maharashtra, Thr. Secretary, Department Of 5881/2023 Mukund Dadarao Khande and others Vs. State Of Maharashtra, Thr. Secretary, Department Of Finance 5928/2023 Govind Vyankatrao Kartile and others Vs. State Of Maharashtra, Thr. Secretary, Department Of Finance 5930/2023 Ravindra Pandurang Nallurwar and others Vs. State Of Maharashtra, Thr. Secretary, Department Of 5931/2023 Banaji Rakhmaji Mahatme Vs. State Of Maharashtra, Thr. Secretary, Department Of Finance Mumbai 5937/2023 Jay Dashrath Rathod and others Vs. State Of Maharashtra, Thr. Secretary, Department Of Finance 5933/2023 Sakharbai Shripati Toge Vs. State Of Maharashtra, Thr. Secretary, Department Of Finance Mumbai And 5939/2023 Mahesh Pandit Lohare and others Vs. State Of Maharashtra, Thr.

Secretary, Department Of Finance 5932/2023 Rahul Lahanuji Kalambe and others Vs. State Of Maharashtra, Thr. Secretary, Department Of Finance 5935/2023 Vijendra Jalamsing Rajput Vs. State Of Maharashtra, Thr. Secretary, Department Of Finance Mumbai 5934/2023 Navnath Ganpati Jadhav and another Vs. State Of Maharashtra, Thr. Secretary, Department Of Finance 5936/2023 Vaijinath Kashinath Ghargine Vs. State Of Maharashtra, Thr. Secretary, Department Of Finance 7448/2023 Ganesh Manikrao Shejol Vs. State Of Maharashtra, Thr.

2 58A) wp 5880-2023++ 5940/2023 Kalyan Tulshiram Kale and another Vs. State Of Maharashtra, Thr. Secretary, Department Of Finance 6082/2023 Sandip Sudhakarrao Pathak and others Vs. State Of Maharashtra, Thr. Secretary, Department Of 6022/2023 Kopineshwar Bhujangrao Pawade and others Vs. State Of Maharashtra, Thr. Secretary, Department Of 6562/2023 Laxmikant Balaji Kendre and others Vs. State Of Maharashtra, Thr. Secretary, Department Of Finance 6081/2023 Anil Jagannath Rokade and others Vs. State Of Maharashtra, Thr. Secretary, Department Of Finance 6510/2023 Ram Shamrao Kangane and others Vs. State Of Maharashtra, Thr. Secretary, Department Of Finance 6560/2023 Umeshsingh Sardarsing Kachchavah and others Vs. State Of Maharashtra, Thr. Secretary, Department Of Finance Mumbai And Others 6555/2023 Ramesh Shrimantrao Vhoke and others Vs.

State Of Maharashtra, Thr. Secretary, Department Of 6557/2023 Raisa Begum M. Ibrahim Vs. State Of Maharashtra, Thr. Secretary, Department Of Finance Mumbai 5938/2023 Dipratan Baliramji Nakhale and others Vs. State Of Maharashtra, Thr. Secretary, Department Of 6552/2023 Jalindar Baban Sirsat and others Vs. State Of Maharashtra, Thr. Secretary, Department Of Finance 6559/2023 Latika Liladhar Patil Vs. State Of Maharashtra, Thr. Secretary, Department Of Finance Mumbai And 6551/2023 Pallavi Umakant Hudge Vs. State Of Maharashtra, Thr. Secretary, Department Of Finance Mumbai And 6561/2023 Amol Jaydatta Kende and others Vs. State Of Maharashtra, Thr.

3 58A) wp 5880-2023++ 6083/2023 Balasaheb Nanarao Deshmukh and others Vs. State Of Maharashtra, Thr. Secretary, Department Of Rural Development, Mumbai And Others 6558/2023 Govind Vitthalrao Deshmukh and others Vs. State Of Maharashtra, Thr. Secretary, Department Of 6556/2023 Sudhakar Baliram Ghodke and others Vs. State Of Maharashtra, Thr. Secretary, Department Of Finance 6554/2023 Abrar Ahmed Shah Baba Shah and another Vs. State Of Maharashtra, Thr. Secretary, Department Of 7454/2023 Priti Mohanrao Mahore Vs. State Of Maharashtra, Thr. Secretary, Department Of Finance Mumbai And 7442/2023 Hemant Gulabrao Mohane Vs. State Of Maharashtra, Thr. Secretary, Department Of Finance Mumbai 7422/2023 Vilas Sampatrao Bansod and others Vs. State Of Maharashtra, Thr.

Secretary, Department Of Finance Mumbai And Another 7443/2023 Shivaji Sukhdev Metkari and others Vs. State Of Maharashtra, Thr. Secretary, Department Of Finance 7444/2023 Hanmant Bharat Phad Vs. State Of Maharashtra, Thr. Secretary, Department Of Finance Mumbai And 7457/2023 Ram Rohidas Pahare Vs. State Of Maharashtra, Thr. Secretary, Department Of Finance Mumbai And 7451/2023 Manoj Balibhau Kadu Vs. State Of Maharashtra, Thr. Secretary, Department Of Finance Mumbai And 7456/2023 Santosh Navnath Badgude Vs. State Of Maharashtra, Thr. Secretary, Department Of Finance Mumbai 7453/2023 Santosh Fakirrao Markad and others Vs. State Of Maharashtra, Thr. Secretary, Department Of Finance 7455/2023 Ku. Jyoti Bapurao Mule and another Vs. State Of Maharashtra, Thr.

4 58A) wp 5880-2023++ 7452/2023 Satish Tryambakrao Khedkar Vs. State Of Maharashtra, Thr. Secretary, Department Of Finance Mumbai 7449/2023 Ramakant Shriram Zalte Vs. State Of Maharashtra, Thr. Secretary, Department Of Finance Mumbai And - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri P.S. Kshirsagar, Advocate for petitioners in all petitions. Shri A.S. Fulzele, Addl.G.P.

for respondents/State in all petitions. Shri A.Y. Kapgate, Advocate for respondent Nos. 3 and 4 in WP No.5880/2023, for R.3 and 4 in WP No.5939/2023, for R.3 in WP No.6559/2023 through V.C. Shri S.B. Pulkundwa for respondent no. 4 in WP 5928/2023 through V.C. Shri V.M. Kulsange, Advocate with Shri S.M. Dheple, Advocate for respondent No.3 in WP No.6552/2023, for respondent No. 4 in WP 5933/2023, for respondent No.2 in WP No.7455/2023, for respondent No. 3 in WP No.7449/2023. Shri S.B. Munde, Advocate for respondent no. 4 in WP 5935/2023 through V.C. Shri S.V. Sohoni, Advocate for respondent No.4 in WP 7448/2023 & WP No.5932/2023 & for R.2 in WP No.7444/2023.

Shri M.L. Vairagade, Advocate for respondent No.2 in WP No.6082/2023, for R 3 & 4 in WP No.7454/2023 and for respondent no. 3 in WP 7457/2023. Shri M.A. Sable, Advocate for respondent Nos.2 to 4 in WP No.6022/2023. Ms. Meghna Munshi, Advocate for respondent no. 3 in WP 6022/2023. Shri B.M.Lonare, Advocate for respondent nos. 2 and 3 in WP 6081/2023. Shri N.S. Jadhav, Advocate h/f. Ms. S.S. Jachak, Advocate for respondent No.2 in WP No.6560/2023 and WP No.6556/2023.

Shri Sibghatullah Jagirdar, Advocate for No.3 in WP No.6083/2023. Shri T.M. Zaheer, Advocate for respondent No.2 in WP No.7442/2023. Shri D.R.Bhoyar, Advocate for respondent no. 3 in WP 7451/2023. Shri J.B.Kasat, Advocate for respondent no. 2 in WP 7453/2023. Shri Swapnil Wagh, Advocate h/f Ms. Gayatri Reve, Advocate for respondent in respective petitions.

Shri S.K. Majid, Advocate for respondent no. 3 in WP 6555/2023. Shri S.S. Shinde, Advocate for respondent No.2 in WP No.7451/2023, for R.3 in WP No.6554/2023 and for respondent no. 2 in WP No.7457/2023. CORAM : AVINASH G. GHAROTE AND SMT. M.S. JAWALKAR, JJ..

DATED : 03/10/2024 All these petitions, seek applicability of the old pension scheme to the employees of the Zilla Parishad. The State has come out with the Govt Resolution (G.R.)

5 58A) wp 5880-2023++ dated 01/10/2024, which is taken on record and marked as 'X' for the purpose of identification, which grants an option to the employees of the Zilla Parishad to be exercised by such employees indicating whether they choose to be governed by the old pension scheme or otherwise, upon compliance with the requirements as indicated in G.R. dated 01/10/2024.

2.

Mr. Kshirsagar, learned counsel for the petitioners, in view of the aforesaid G.R. dated 01/10/2024, makes a statement that, the petitioners will approach the respective Zilla Parishads and exercise their options, by satisfying the Zilla Parishads regarding the terms of applicability. In that light of the matter, all these petitions are disposed of by permitting the petitioners to approach the respective Zilla Parishads to exercise their options, in terms of the G.R. dated 01/10/2024, in respect of the applicability of which they would have to satisfy the respective Zilla Parishads. (SMT. M.S. JAWALKAR, J.) (AVINASH G. GHAROTE, J.) B.T.Khapekar