Bombay High Court
Vijaykumar Digamberrao Kulkarni ... vs The State Of Maharshtra And Ors on 12 September, 2017
Bench: S.P. Deshmukh
1 WP-7566.11.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD
WRIT PETITION NO. 7566 OF 2011
1. Vijaykumar s/o Digambarrao Kulkarni,
age 61 years, occup. Retired Z.P. Servant,
r/o Nipat Nirangan Nagar, Plot No. 16,
Cavas Road, Aurangabad
2. Padmakar s/o Nagorao Joshi,
age 61 years, occup. Retired Z.P. Servant,
r/o Nagarkhana Galli, Gulmandi,
Aurangabad
3. Shankar Anandeo Joshi,
Age 62 years, occup. Retired Z.P. Servant
r/o Plot No. 65, N-5, F-Sector,
Shrinagar Colony, Cidco, Aurangabad
4. Smt. Rajani Wamanrao Bhale,
age 59 years, occup. Retired Z.P. Servant,
r/o N-8, Swami Vivekanand Colony,
Plot No. 36, Cidco, Aurangabad .. Petitioners
versus
1. The State of Maharashtra,
for Secretary, Finance Department,
Mantralaya, Mumbai - 32
2. The Secretary, Finance Department,
Mantralaya, Mumbai - 32
3. The Chief Executive Officer,
Zilla Parishad, Aurangabad .. Respondents
WITH
WRIT PETITION NO. 5550 OF 2012
Siddiqui Mohammed Qaiser s/o
Mohammed Abdul Qader Siddiqui,
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Age : 55 years, occup.Rtd.Z.P. Officer,
R/o Qader Vila, House No.1-9-9/1,
Buddi Lane, Aurangabad .. Petitioner
versus
1. The State of Maharashtra,
through Secretary, Finance
Department, Mantralaya, Mumbai
2. The Secretary, Finance Department,
Mantralaya, Mumbai - 400 032
3. The Chief Executive Officer,
Zilla Parishad, Aurangabad .. Respondents
----
Mr. D. R. Irale Patil, Advocate for petitioners in writ petition
no. 7566 OF 2011
Mr. M.B.W. Khan, Advocate for petitioner in writ petition no.
5550 of 2012
Mr. S.K.Tambe,Asstt.Govt.Pleader for respondents no.1 and 2
Mr. Dilip Patil Bankar, Advocate for respondent no. 3
CORAM : SUNIL P. DESHMUKH AND
SANGITRAO S. PATIL, JJ.
Date : 12th September, 2017
ORAL JUDGMENT :
1. Heard learned counsel for petitioners and the learned
counsel respondents.
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2. Learned counsel concur on that in view of statements
made by respondent no.3 in paragraphs 3, 4 and 5 of the
additional affidavit dated 08-08-2017 in reply to writ petition,
action for redressal of grievance of the petitioners has been
taken. Paragraphs no. 3, 4 and 5 of the affidavit in reply read
thus;
'' 3. That, recently the respondent no. 2/Under - Secretary of
Department of Finance, Government of Maharashtra, Mumbai
has issued a corrigendum dtd. 1-12-2016 thereby, cancelling
the above referred clarification. Accordingly, it has been
mentioned therein that, the concerned employees, who have
been retired between the period 1-10-2006 to 31-10-2010,
would be eligible for the second benefit of, the pay fixation for
the purpose of pensionary benefits, subject to fulfillment of the
criteria mentioned therein. However, the arrears thereof would
not be payable.
4. The respondent no. 2/Under - Secretary, Department of
Finance, Government of Maharashtra, Mumbai has issued a
further corrigendum dtd. 11-5-2017 thereby explaining the
above referred corrigendum. The copies of the said
corrigendums dtd. 9-12-2016 & 11-5-2017, issued by the said
Under-Secretary, Department of Finance, Government of
Maharashtra are annexed herewith and marked as EXHIBIT '
R-3 Colly. '
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5. That, in the present Writ Petition, this Hon'ble High
Court has passed the interim orders and as the instant Writ
Petition is subjudice, no further steps pursuant to the above
referred corrigendums dtd. 9-12-2016 & 11-5-2017 issued by
the said Under-Secretary, Department of Finance,
Government of Maharashtra, Mumbai can be taken. However,
if the instant petition is disposed off in view of the above said
change of circumstances, this respondent would take
appropriate steps to issue revised/further orders, in terms of
the above referred corrigendums dtd. 9-12-2016 & 11-5-2017,
issued by the said Under-Secretary, Department of Finance,
Government of Maharashtra, Mumbai. ''
3. Writ petitions, in view of aforesaid, stand disposed of.
Rule made absolute accordingly.
SANGITRAO S. PATIL SUNIL P. DESHMUKH,
JUDGE JUDGE
pnd
