Bombay High Court
Smt Sanjivani Vasantrao Mahajan vs The State Of Maharashtra And Ors on 1 March, 2017
Bench: T.V. Nalawade
1 WP 176/2010 & Anr.
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.176 OF 2010
Rajendra s/o Tukaram Chitte
Age: 50 Yrs., occu. Service
R/o 67, Jaihind Colony,
Deopur, Dhule, Dist. Dhule. - PETITIONER
VERSUS
1) The State of Maharashtra
Through Secretary,
R.D.& Water Conservation
Department, Mantralaya,
Mumbai-32.
2) The Secretary,
Rural Development & Water
Conservation Department,
Mantralaya, Mumbai-32.
3) The Chief Executive Officer,
Zilla Parishad, Dhule. - RESPONDENTS
WITH
WRIT PETITION NO.1133 OF 2010
Smt. Sanjivani w/o Vasantrao Mahajan,
Age: 56 Yrs., occu. Household,
R/o Gut No. 137, B-2/58,
Vasant Vihar, Deolai road,
Satara Parisar, Aurangabad. - PETITIONER
VERSUS
1) The State of Maharashtra
Through Secretary,
R.D.& Water Conservation
Department, Mantralaya,
Mumbai-32.
2) The Secretary,
Rural Development & Water
Conservation Department,
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2 WP 176/2010 & Anr.
Mantralaya, Mumbai-32.
3) The Chief Executive Officer,
Zilla Parishad, Nandurbar. - RESPONDENTS
Mr.DR Irale-Patil, Advocate for Petitioner/s
Mr.SB Joshi, AGP for Resp.Nos.1 & 2;
Mr.Nilesh N.Desale and Mr. PS Patil, Advocates for
Resp.No.3 (in respective matters)
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CORAM : T.V.NALAWADE &
SANGITRAO S.PATIL,JJ.
DATE : 1
st
MARCH,2017.
ORAL JUDGMENT (PER:- T.V.NALAWADE,J.)
1) Rule made returnable forthwith. By
consent, taken up for final disposal.
2) Both the petitions are filed for giving
pensionary benefits to the petitioners on the
basis of Government Resolution dated 8.6.1995.
The Government Resolution was issued for giving
time bound promotion after completion of 12
years' service on the same post. The petitioners
are retired persons. However, they were in
service when the effect of aforesaid Government
Resolution was to be given.
3 WP 176/2010 & Anr.
3) The submission made shows that beyond
the benefit of the Government Resolution and
applicable pensionary benefits, they are not
claiming arrears of salary. The petitioners also
seek fixation of pay as per the time bound
promotion.
4) Learned Counsel for the petitioners
placed reliance on the observations made by this
court in the judgment dated 13th January, 2017
delivered Writ Petition No.2950/2009 (Suresh s/o
Narayan Badgujar Vs. State of Maharashtra & Ors.)
and Order dated 11th January, 2017 passed in Writ
Petition No.346/2009 (Pandharinath Eknath Bakshi
and Anr. Vs. State of Maharashtra & Ors.)
5) In view of the decision given in similar
cases by this court, this court holds that, pay
fixation in respect of the petitioners needs to
be done after giving them time bound promotion
on the basis of the Government Resolution if they
are entitled to it and accordingly their pension
4 WP 176/2010 & Anr.
needs to be fixed.
6) The impugned Circular is, therefore, set
aside. The benefit of the aforesaid Government
Resolution needs to be given to the petitioners
and consequently their pay to be fixed and their
pension needs to be revised. This exercise to be
done within three months from today.
7) Rule is made absolute in the aforesaid
terms.
(SANGITRAO S.PATIL) (T.V.NALAWADE)
JUDGE JUDGE
bdv/
