Babasaheb Sadashiv Salunkhe v. The State Of Maharashtra Through The Secretary And ORS

TRUPTI SADANAND BAMNE TRUPTI SADANAND BAMNE Date: 2025.03.26 14:48:19 +0530 Trupti 10-wp-19177-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 19177 OF 2024 Babasaheb s/o Sadashiv Salunkhe ... Petitioner versus The State of Maharashtra & Ors.

... Respondents ---- Mr.Ketan Pote for the Petitioner (through VC). Mr.V.G.Badgujar, AGP for the Respondent -State. ---- CORAM :

RAVINDRA V. GHUGE & ASHWIN D. BHOBE, JJ.

DATE : 24TH MARCH, 2025 P.C. :- 1.

We have briefly heard the learned Advocate for the Petitioner.

The law on grant of benefits of the Old Pension Scheme has been settled by the Full Bench of this Court in Deshmukh Dilipkumar Bhagwan & Others v/s The State of Maharashtra, Through Chief Secretary, General Administration Dept. & Others1 3.

The Petitioner has directly approached this Court without approaching his employer with any grievance as regards the non-grant of the Old Pension Scheme.

2019 SCC Online Bom 729

Trupti 10-wp-19177-2024.odt 4.

In view of the above, the learned Advocate for the Petitioner submits that he would move a representation to Respondent No.3 and seek the benefits of the Old Pension Scheme. 5.

If the Authority receives such a representation from the Petitioner, it shall proceed to decide the same by considering the law applicable, within a period of 60 days and if an adverse order is passed, the same shall be supported with reasons. 6.

Needless to state, the said Authority would be bound to abide by the law laid down by the Full Bench of this Court in Deshmukh Dilipkumar Bhagwan & Others (supra). The Petitioner, if aggrieved by the order, would be at liberty to assail the same. 7.

With the above directions, this Writ Petition is disposed off.

(ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.)