Firoz Vidya Samiti, Thr. ... vs Education Officer ...
2021 Latest Caselaw 10228 Bom

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                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             NAGPUR BENCH, NAGPUR.

                        CIVIL WRIT PETITION NO. 2697 OF                                     2021

                          Firoz Vidya Samiti, through its President and ors.
                                                 -Vs-
                    Education Officer (Secondary), Zilla Parishad, Nagpur and ors.

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Office notes, Office Memoranda of
Coram, appearances, Court's orders                                   Court's or Judge's Orders.
or directions and Registrar's orders.
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                                       Mr. V.A.Dhabe, counsel for the petitioners.
                                       Mr. N.R.Patil, A.G.P for respondent No.5.


                                               CORAM : SUNIL B.SHUKRE &
                                                       ANIL S.KILOR, JJ.

DATE : 03.08.2021.

1. Heard learned counsel for the petitioners.

2. His contention is that respondent no.1 has not taken any decision in respect of the grant of pension to that teacher Shri. Vivek Keshavrao Patil or he is being covered under New defined Contributory Pension Scheme in accordance with the ratio of the Full Bench Judgment delivered in the case of Deshmkukh Dilipkumar Bhagwan and ors. Vs. State of Maharashtra and ors. reported in 2019 (3) Mh.L.J.903 .

3. Learned AGP Shri. Patil, points out to us that respondent No.1 has indeed taken a decision by inviting our attention to the order dated 05.01.2021 (page 44) wherein, respondent no.1 has made a reference to the judgment of this Court rendered in Writ Petition No. 7892 of 2019 on 29.01.2020.

Kavita

8-wp 2697-21.odt

4. On going through the order dated 05.02.2021 of respondent No.1, it is seen that respondent No.1 has indeed made a reference to the Judgment of this Court dated 29.01.2020, but the reference, so made does not indicate as to whether or not, the ratio of the Full Bench Judgment in the case of Deshmkukh Dilipkumar Bhagwan and ors Vs. State of Maharashtra (supra) has been taken into consideration or not. Learned AGP Shri. Patil to take instructions in the matter.

5. Stand over after one week.

(ANIL S. KILOR,J) (SUNIL B. SHUKRE,J)

Kavita