Prakash Manikrao Tayade And Others v. The State Of Maharashtra, Thr. Its Chief Secretary, Mumbai And ORS.

2025:BHC-NAG:14063-DB 108.wp.7915.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO.7915 OF 2025 Prakash Manikrao Tayade and others .Vs.

The State of Maharashtra and others _______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr Firdos Mirza, Sr. Adv. a/b. Mr A. I. Sheikh, Advocate for the petitioners Mr S. M. Ukey, Addl.G.P. for respondent Nos. 1 to 7/ State CORAM : ANIL S. KILOR AND RAJNISH R. VYAS, JJ.

DATED : DECEM BER 11 , 2025 .

Heard learned senior Advocate Mr Firdos Mirza for the petitioners and learned Additional Government Pleader for the State.

2.

In short, the prayer of the petitioner is to declare that the petitioners who have retired between 01.01.2016 to 31.08.2024 are entitled and eligible to get benefit of enhanced Ceiling of gratuity of Rs.20,00,000/- (Rupees Twenty Lacs only) as specified in Government Resolution dated 10.10.2024.

3.

Learned Senior Advocate Mr Firdos Mirza assisted by Mr A. I. Sheikh, Advocate for the petitioners has fairly submitted that this issue is covered by the judgment of the Hon'ble Apex Court in the case of Association of College and University Superannuated Teachers .v/s. Union of India and others passed in Civil Appeal No. 908 of 2013 dated 30.01.2013. He further submits that though a detail

108.wp.7915.2025.odt representation dated 22.09.2025 has been made by the Association, which is at page 120, the Government is not taking the issue to the logical end.

4.

Be that as it may, since the issue is already decided by the Hon'ble Apex Court, we direct respondent No.1 to decide each ground raised in the representation in the light of the judgment of the Hon'ble Apex Court mentioned supra. It is further directed that respondent No.1 shall give findings on each ground.

5.

The respondent No.1 is further directed to consider the grounds raised in this petition. 6.

Needless to mention that if the claim of the petitioners is to be denied then the respondent No.1 will have to give specific findings to that effect.

7.

The decision be taken within eight weeks from the production of this order.

8.

The decision taken, shall be informed to the petitioners within two weeks thereafter.

9.

The writ petition disposed of, accordingly.

10.

The learned counsel for the petitioners undertakes to produce copy of this petition alongwith the order passed today, before the respondent No.1 within one week from today.

[RAJNISH R. VYAS, J] [ANIL S. KILOR, J.] Namrata