Surendra S/O. Govardhan Bansod v. State Of Maha., Thr. Secy., Urban Development Dept., Mumbai And ORS.

2025:BHC-NAG:1958-DB 909-Awp72.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.72 OF 2025 Surendra s/o Govardhan Bansod ..

Petitioner ..Versus..

State of Maharashtra and others .. Respondents ........

Mr. R.D. Wakode, Advocate for Petitioner.

Ms. S.S. Jachak, AGP for Respondent Nos.1 to 3/State. Mr. M.I. Dhatrak, Advocate for Respondent No.4. ........

CORAM : ALOK ARADHE, CJ. AND NITIN W. SAMBRE, J.

DATE : 25th FEBRUARY, 2025.

P.C.

1.

Rule. Rule made returnable forthwith. Heard finally with the consent of the learned counsel for the parties. 2.

By this writ petition, the petitioner is seeking the following reliefs :

(i) allow the present writ petition and direct the respondent no.4 to consider half of the services of the petitioner rendered between 30.7.1986 to 16.7.2018 as entitled to be counted for determining the pensionable service of the petitioner in compliance of Rule 57 of the Maharashtra Civil Services (Pension), Rules, 1982, in the interest of justice;

909-Awp72.2025.odt (ii) further be pleased to direct the respondent no.4 to grant all the pensionary benefits to the petitioner upon his retirement, if the above service period of the petitioner on daily wage basis along with the regular service, qualifies as service necessary to receive pensionary benefits, in the interest justice. (iii) grant any other relief which this Hon'ble Court deems fit and proper in the facts and circumstances of the present case and in the interest of justice. 3.

For the reasons assigned by us in order dated 25th February, 2025 in Writ Petition No.71/2025, this writ petition is also disposed of on the similar terms and with the same directions. The directions are reproduced for the facility of reference : In view of preceding analysis, the respondent no.4 is directed to consider one-half of the services rendered by the petitioner between the period from 30.7.1986 to 16.7.2018 for the purposes of determining the pensionable service of the petitioner in compliance with Rule 57 of the Rules, at the time of superannuation i.e. on 31.5.2027.

4.

Accordingly the writ petition is disposed of. Rule is made absolute in the above terms.

(NITIN W. SAMBRE, J.) (CHIEF JUSTICE) Gulande