Bombay High CourtWP/202/2023disposedoff

Smt. Sagartai Ramchandra Kene v. State Of Maharashtra, Thr. Divisional Commissioner, (Revenue), Amravati And Another

2023-06-13Hon'Ble Shri Justice Avinash G. Gharote2 pages

(1) 938wp202.23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO. 202 OF 2023 Sagartai Ramchandra Kene__ Vs. ___State of Maharashtra and anr --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. S.M.Vaishnav, Advocate for petitioner Mr. N.R.Patil, AGP for respondent no. 1 Mr. B.N.Jaipurkar, Advocate for respondent no.2 CORAM :

AVINASH G. GHAROTE, J.

DATE : 13/06/2023 1] Mr. Patil, learned AGP appearing for respondent no.1, in view of the position as spelt out from the record, does not dispute that the old pension rules would be applicable to the petitioner, on account of the fact that she was appointed on 29.10.2005 and the cut off date of 1.11.2005 is mentioned in the GR dated 31.10.2005 (pg.73), which makes the DCPS scheme applicable to Govt. Servants who are recruited on or after 1.10.2005 in Govt. Service.

2] The position in this regard has been correctly spelt out in the order dated 20.2.2016 (pg.44) by the CEO, Z.P. Yavatmal,.

3] This position is not disputed by Mr.Jaipurkar, learned counsel for respondent no.2, considering which the impugned orders dated 6.6.2022 (pg.25) and 30.9.2022 (pg.19) are hereby quashed and set aside. 4] The Respondent no.2 is therefore directed the release the pension and other benefits of the

(2) 938wp202.23 petitioner as permissible thereunder. The same be done as far as possible within the period of three months from today.

5] The petition is accordingly disposed of in above terms. No costs.

JUDGE Rvjalit Digitally sign byRAJESH VASANTRAO JALIT Location: