Dr. Lata Subhash Agale vs State Of Maharashtra Through ...
2021 Latest Caselaw 12225 Bom

                                                                            Judgment WP 2238.2021.odt




                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          NAGPUR BENCH AT NAGPUR
                        WRIT PETITION NO. 2238 OF 2021

Dr. Lata Subhash Agale,
Aged about 61 years, Occ. Retired,
R/o.Ramayan Nagri, Sahakar Nagar,                                  .. Petitioner
Rani Laxmibai Ward, Bhandara - 441904

                         Versus
1. The State of Maharashtra Through its
Secretary,   Higher    and    Technical
Education    Department,    Mantralaya,
Mumbai - 440032

2. Joint Director Higher                    Education            .. Respondents
Nagpur Division, Nagpur

3. J. M. Patel Arts, Commerce & Science
College, Bhandara, Through its Principal,
Bhandara, Dist. Bhandara - 441904.


Mr. A. I. Sheikh, Advocate for petitioner.
Mr. N. R. Patil, A.G.P. for respondent Nos.1 & 2.
Mr. B. G. Kulkarni, Advocate for respondent No.3.

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

                                      DATED         :       31/08/2021

ORAL JUDGMENT (Per Sunil B. Shukre, J.)

                             Heard         Mr.A.I.Sheikh,    learned     counsel         for     the

petitioner and Mr.N.R.Patil, learned AGP for respondent Nos.1 and 2

and Mr.B.G.Kulkarni, learned Advocate for respondent No.3.

KOLHE/P.A                                                                             PAGE 1    OF 2





                                                                         Judgment WP 2238.2021.odt




(2)                            Rule.       Rule made returnable forthwith.              Heard

finally by consent of the learned counsel appearing for the parties.

(3) It is not in dispute that the issue involved in this

petition having same facts, as the facts of the case of Shri Maruti

Dattatraya Patil vs. The State of Maharashtra and ors. in Writ Petition

No.13166 of 2017 decided on 03rd October, 2018, is squarely covered

by the view taken in this very case.

(4) Therefore, the Writ Petition is allowed.

(5) The impugned communication is quashed and set

aside. It is declared that the petitioner is entitled for pensionary

benefits and accordingly, the respondents are directed to pay the

pensionary benefits to the petitioner in accordance with law with

arrears from the date of superannuation till the actual payment within

a period of three months from the date of the order.

(6)                            Rule accordingly. No costs.




                    [ANIL S. KILOR]                          [SUNIL B. SHUKRE]                 .




KOLHE/P.A                                                                         PAGE 2    OF 2