Bombay High Court
Babu Shivram Hudge And Others vs The State Of Maharashtra And ... on 31 October, 2017
Bench: S.S. Shinde
1 W.P.12695-17.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.12695 OF 2017
1. Babu Shivram Hudge,
Age 70 years, Occu. Pensioner,
R/o Dnyandeed Niwas, Narayan Nagar,
Latur Taluka and District Latur.
2. Limbraj Bhivaji Hande,
Age 70 years, Occu. Pensioner,
R/o Near Yogini Hospital, Deshpande
Colony, Latur Taluka and District Latur.
3. Annarao Shivram Hudge,
Age 68 years, Occu. Pensioner,
R/o Shiv Nagar,
Latur Taluka and District Latur.
4. Chandrakant Bhaurao Kulkarni,
Age 70 years, Occu. Pensioner,
R/o Block No.76, New Adarsh Colony,
Latur Taluka and District Latur.
5. Tatyarao Madhavrao Patil,
Age 70 years, Occu. Pensioner,
R/o Block No.77, New Adarash Colony,
Latur Taluka and District Latur.
6. Shivnarayan Hiralal Jaju,
Age 65 years, Occu. Pensioner,
R/o Govind Hospital, Barshi Road,
Latur Taluka and District Latur.
7. Nehrulal Gundaji Dhormare,
Age 70 years, Occu. Pensioner,
R/o Sambhaji Nagar, Khadgaon Road,
Latur Taluka and District Latur.
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8. Ashok Sheshrao Kulkarni,
Age 70 years, Occu. Pensioner,
R/o Bhagya Nagar, Old Ausa Road,
Latur Taluka and District Latur.
9. Shrikar Gautumbuwa Sagar,
Age 70 years, Occu. Pensioner,
R/o New Renapur Naka, Sai Road,
Latur Taluka and District Latur.
10. Pramod Shripadrao Deshmukh,
Age 67 years, Occu. Pensioner,
R/o Shivkrupa Society, Old Ausa Road,
Latur Taluka and District Latur.
11. Vitthal Nagnath Walse,
Age 68 years, Occu. Pensioner,
R/o Walse Nivas, Behind Kolphuke Hospital,
Vevekanand Chowk,
Latur Taluka and District Latur.
12. Subhash Govindrao Dhaygude,
Age 70 years, Occu. Pensioner,
R/o Matoshri Nivas, Samrat Chowk,
Latur Taluka and District Latur.
13. Vimal Chandrakant Salunke,
Age 68 years, Occu. Pensioner,
R/o Pattewar Colony,
Latur Taluka and District Latur.
14. Venkat Gurunath Potdar,
Age 70 years, Occu. Pensioner,
R/o Radhakrishna Nagar,
Latur Taluka and District Latur.
15. Gangadhar Kallapa Selukar,
Age 67 years, Occu. Pensioner,
R/o Chincholi (Tapse), Taluka Ausa,
District Latur.
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16. Sharnappa Vishwanathappa Nagure,
Age 68 years, Occu. Pensioner,
R/o Sai Krupa, Behind Hanuman Temple,
Barshi Road, Latur Taluka and District Latur.
17. Babruwan Shripatrao Shinde,
Age 67 years, Occu. Pensioner,
R/o Laxmi Colony,
Latur Taluka and District Latur.
18. Pushpa Shrinivas Pandit,
Age 70 years, Occu. Pensioner,
R/o Pushpanjali Nivas, Vikas Nagar, Udgir,
Udgir Taluka, District Latur.
19. Vijaykumar Madhava Potdar,
Age 70 years, Occu. Pensioner,
R/o Pushpanjali Nivas, Vikas Nagar, Udgir,
Udgir Taluka, District Latur.
20. Sudhakar Dattatraya Palnitkar,
Age 70 years, Occu. Pensioner,
R/o Kamalkunj, Chanakya Nagar,
Latur Taluka and District Latur. ... Petitioners
Versus
1. The State of Maharashtra
Through its Secretary,
Finance Department,
Mantralaya, Mumbai - 32.
2. The Accountant General-II (A & E),
Pension Wing Old Building,
In front of Ravi Bhavan,
Nagpur.
3. The Chief Executive Officer,
Latur.
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4. The Chief Executive Officer,
Osmanabad.
5. Chief Accounts and Finance Officer,
Zilla Parishad Latur, Distr. Latur. ... Respondents
...
Mr. N.D.Kendre, Advocate for Petitioners.
Mr. D.R.Kale, AGP for Respondents-State
...
CORAM : S.S.SHINDE AND
MANGESH S. PATIL, JJ.
DATED : 31st October, 2017
ORAL JUDGMENT (Per S.S.Shinde, J.) :-
1. Rule. Rule made returnable forthwith. The
learned A.G.P. waives notice of rule. With the consent of
parties taken up for final hearing.
2. Mr. N.D.Kendre, the learned counsel submits that
the petitioners have retired between 1st January, 2006 to
26th February, 2009 and as per the judgment of this
Court dated 9th May, 2014 in Writ Petition No.8985 of
2011 with other connected Writ Petitions, the cut off
date has been held to be erroneous and the benefit of
the Government Resolution dated 30th October, 2009
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has also been granted to those persons who have retired
between 01.01.2006 to 26.02.2009.
3. The learned counsel further submits that even the
review filed by the State of the said judgment is rejected
and also Special Leave Petition filed by the State before
the Supreme Court has also been rejected.
4. We have heard the learned Additional Government
Pleader also.
5. The issue involved in present Writ Petition is no
longer res-integra in view of the judgment dated 9th May,
2014 in Writ Petition No.8985 of 2011 with other
connected writ petitions. Those persons who have
retired in between 01.01.2006 to 26.02.2009 will also be
entitled for the benefit of Government Resolution dated
30th October, 2009 with regard to the revised pension.
6. In the light of the above, we pass the following
order :
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(a) The respondents shall consider the case of
petitioners for the payment of revised pension in
terms of Government Resolution dated 30th
October, 2009 after satisfying itself about the
eligibility of the petitioners expeditiously and
preferably within a period of four (4) months from
today. The petitioners may also comply with the
formalities required for processing revised pension
papers.
(b) Rule accordingly is made absolute in above terms.
(MANGESH S. PATIL, J.) (S.S.SHINDE, J.)
...
vmk/-
