Bombay High Court
Venkat Ganpatrao Limgave vs The State Of Maharashtra And ... on 2 March, 2017
Bench: T.V. Nalawade
1 WP 6417/2016 group
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
Writ Petition No. 6417 of 2016
* Govind s/o Vitthal Talegave,
Age 59 years,
Occupation :Pensioner,
R/o Shivneri, Lal Mandi,
Begampura, Aurangabad. .. Petitioner.
Versus
1) The State of Maharashtra,
Through its Principal Secretary,
Higher and Technical Education
Department, Mantralaya,
Mumbai - 32.
2) The Director of Higher Education
M.S., Pune - 1.
3) The Joint Director of Higher
Education Aurangabad Region,
Aurangabad.
4) The Accountant General
(Accounts & Entitlement)-II
Maharashtra, Nagpur.
5) Dr. Babasaheb Ambedkar
Marathwada University,
Aurangabad
Through its Registrar. .. Respondents.
----
Shri. Abhishek C. Deshpande, Advocate, for
petitioner.
Smt. R.P. Gour, Assistant Government Pleader,
for respondent Nos.1 to 4.
Shri. S.S. Thombare, Advocate for respondent No.5
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2 WP 6417/2016 group
With
Writ Petition No. 6419 of 2016
* Sunderlal s/o Udaybhan Kanise,
Age 61 years,
Occupation :Pensioner,
R/o Near Tuljabhavani Mandir,
Pahadsingpura, Makbara Road,
Aurangabad. .. Petitioner.
Versus
1) The State of Maharashtra,
Through its Principal Secretary,
Higher and Technical Education
Department, Mantralaya,
Mumbai - 32.
2) The Director of Higher Education
M.S., Pune - 1.
3) The Joint Director of Higher
Education Aurangabad Region,
Aurangabad.
4) The Accountant General
(Accounts & Entitlement)-II
Maharashtra, Nagpur.
5) Dr. Babasaheb Ambedkar
Marathwada University,
Aurangabad
Through its Registrar. .. Respondents.
----
Shri. Abhishek C. Deshpande, Advocate, for
petitioner.
Smt. R.P. Gour, Assistant Government Pleader,
for respondent Nos.1 to 4.
Shri. S.S. Thombare, Advocate for respondent No.5
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3 WP 6417/2016 group
With
Writ Petition No. 6435 of 2016
* Gangadhar s/o Hanmantrao Yepurwar,
Age 60 years,
Occupation :Pensioner,
R/o Plot No.24, Jagdamba Niwas,
Mhasoba Galli, Surewadi,
Aurangabad. .. Petitioner.
Versus
1) The State of Maharashtra,
Through its Principal Secretary,
Higher and Technical Education
Department, Mantralaya,
Mumbai - 32.
2) The Director of Higher Education
M.S., Pune - 1.
3) The Joint Director of Higher
Education Aurangabad Region,
Aurangabad.
4) The Accountant General
(Accounts & Entitlement)-II
Maharashtra, Nagpur.
5) Dr. Babasaheb Ambedkar
Marathwada University,
Aurangabad
Through its Registrar. .. Respondents.
----
Shri. Abhishek C. Deshpande, Advocate, for
petitioner.
Smt. R.P. Gour, Assistant Government Pleader,
for respondent Nos.1 to 4.
Shri. S.S. Thombare, Advocate for respondent No.5
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4 WP 6417/2016 group
With
Writ Petition No. 8388 of 2016
* Venkat s/o Ganpatrao Limgave,
Age 61 years,
Occupation :Pensioner,
R/o N-11, B-Sector,
Netaji Subhash Chandra Nagar,
HUDCO, T.V. Center,
Aurangabad. .. Petitioner.
Versus
1) The State of Maharashtra,
Through its Principal Secretary,
Higher and Technical Education
Department, Mantralaya, Mumbai - 32.
2) The Director of Higher Education
M.S., Pune - 1.
3) The Joint Director of Higher
Education Aurangabad Region,
Aurangabad.
4) The Accountant General
(Accounts & Entitlement)-II
Maharashtra, Nagpur.
5) Dr. Babasaheb Ambedkar
Marathwada University,
Aurangabad
Through its Registrar. .. Respondents.
----
Shri. Abhishek C. Deshpande, Advocate, for
petitioner.
Shri. S.B. Joshi, Assistant Government Pleader,
for respondent Nos.1 to 4.
Shri. S.S. Thombare, Advocate for respondent No.5
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5 WP 6417/2016 group
Coram: T.V. NALAWADE &
SANGITRAO S. PATIL, JJ.
Date: 2 March 2017
ORAL JUDGMENT:
1) Rule, rule made returnable forthwith.
Heard both the sides by consent for final
disposal.
2) In all the petitions direction is sought
against the University to send revised pension
proposal as it is the grievance of the
petitioners that though benefit of Government
Resolution dated 7-4-2011 was given to them while
in service, the benefit is not extended for
pensionary benefits and the pension is not fixed
accordingly. For giving one instance, they have
produced record in respect of one Shamrao Pradhan
showing that the benefit was considered for
fixation of the pension and the pension was fixed
accordingly. There is one correspondence made by
the Government with the University dated 10-12-
2015. It also shows that the Government has
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informed that the employees who were in service
as on 7-4-2011 or who retired thereafter were
entitled to the benefit of the Government
Resolution.
3) It appears that when the proposal was
considered it was not certain as to whether the
benefit of this Government Resolution could have
been given and that can be found in the letter
addressed to the Joint Director, Higher Education
dated 2-7-2015 by the office of the Accountant
General.
4) In view of these circumferences, the
petitions are allowed. Direction is given only to
the extent of consideration of the aforesaid
Government Resolution for the benefit purpose.
The University is directed to send the proposal
for revised pension with aforesaid clarification.
The University and the Joint Director, Higher
Education are to complete this exercise within
two months from today and the office of the
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Accountant General within three months
thereafter. Rule is made absolute in above terms.
Sd/- Sd/-
(SANGITRAO S. PATIL, J.) (T.V. NALAWADE, J.)
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