Shivdas S/O Anandrao Fagane vs Zilla Parishad, Thr. Chief ...
2021 Latest Caselaw 17194 Bom

                                                                                                WP.248.18.J
                                                       1


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

WRIT PETITION NO. 248/2018

* Shivdas s/o Anandrao Fagane Aged 59 years, occu: Retired Civil Engineering Assistant R/o Plot No.77, Ramana Maruti Road Ishwarnagar, Nagpur 440 009. ..PETITIONER

versus

1) The Zilla Parishad, Nagpur Through : the Chief Executive Officer Zilla Parishad, Nagpur.

2)       The Executive Engineer,
         Works Department
         Zilla Parishad, Nagpur.

3)     The State of Maharashtra
       Through: the Secretary
       Rural Development Department
       Mantralaya, Mumbai-32.                                               ..        RESPONDENTS

..................................................................................................................

Mr D.P. Shouche, Advocate for petitioner Mr. I.S.Charlewar, Advocate for respondents 1 & 2 Mr. Anand Fulzele, Addl.G.P. for respondent no. 3 ................................................................................................................

CORAM: SUNIL B. SHUKRE & ANIL L. PANSARE, JJ DATED : 9th December, 2021.

ORAL JUDGMENT: (PER SUNIL B.SHUKRE, J.)

1. Rule. Rule made returnable forthwith. Heard finally with

consent of respective parties.

WP.248.18.J

2. Learned counsel for respondent nos. 1 and 2 who are the

contesting parties, does not dispute that the facts of this case being

identical to the facts of the case of Mukund s/o Pundlik Pahurkar vs.

Zilla Parishad, Nagpur (W.P. No. 2960/2019), decided on 5th October,

2021, this petition can also be disposed of in similar lines.

3. The Writ Petition is partly allowed. The order dated

05.02.16 is hereby quashed and set aside. The respondent no.1 is

directed to fix the pension payable to the peititioner in accordance with

Rule 110 of the MSC Rules, 1982 by considering the last pay drawn

by the petitioner before it was reduced in February,2016 in the pay

scale of Rs. 9300-34800 plus grade pay of Rs. 4300 together with

arrears if any, within a period of four weeks from the date of the order.

4. The petition as regards prayer clause (E) is dismissed as

not pressed.

5. Rule is made absolute in the above terms. No costs.

                    JUDGE                           JUDGE
sahare




                                                            Digitally Signed ByNARENDRA
                                                            BHAGWANTRAO SAHARE
                                                            Location:
                                                            Signing Date:10.12.2021 14:42