Bombay High Court
Shri Laxman Sardarsingh Rajput vs The Deputy Director, (Education) ... on 18 January, 2022
Bench: A.S. Chandurkar, Pushpa V. Ganediwala
WP 7853-19 1 Judgment
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 7853/2019
Laxman Sardarsingh Rajput,
Aged about 68 years, Occ. Retired,
R/o Plot No.36, Saraswati Layout,,
Dindayal Nagar, Nagpur-440022.
Mob: No.9423064895 PETITIONER
.....VERSUS.....
1. The Deputy Director, (Education),
Divisional Officer, Nagpur Division,
Balbharati Building, Dhantoli, Nagpur.
2. The Education Officer (Secondary),
Zilla Parishad, Nagpur,
Civil Lines, Nagpur - 440 001.
3. Account General/Sr.Account Officer,
Office of the Account General (A&E),
West High Court Road, Civil Lines, Nagpur-440001.
4. The Principal,
Dr.Ambedkar, College,
Dikshabhoomi, Nagpur-440010. RESPONDENT S
Shri S.S. Shinde, counsel for the petitioner.
Shri A.A. Madiwale, Assistant Government Pleader for the respondent nos.1
to 3.
Shri C.M. Samarth, counsel for the respondent no.4.
CORAM : A. S. CHANDURKAR AND SMT. PUSHPA V. GANEDIWALA, JJ.
DATE : 18TH JANUARY, 2022.
ORAL JUDGMENT (PER : A.S. CHANDURKAR, J.)
RULE. Rule made returnable forthwith and heard the learned
counsel for the parties.
2. The grievance of the petitioner is the non-release of
pensionary benefits pursuant to service rendered at the respondent no.4-
College and his consequent superannuation thereafter.
WP 7853-19 2 Judgment
3. It is the case of the petitioner that he was working as a
teacher at the Junior College and he retired from service on attaining the
age of superannuation on 31.08.2008. After his pension case was
submitted by the College he started receiving pension. By Government
Resolutions dated 26.02.2014 and 27.12.2018 there was a revision
effected in the pay-scales and hence according to the petitioner he was
also entitled to get such benefit through revision in his pension amount.
It is his grievance that despite various steps taken such benefits were not
granted to him. The stand taken by the respondent no.4 was that the
service book of the petitioner was not traceable. Ultimately having made
various representations the petitioner has approached this Court seeking a
direction that the College be directed to prepare the petitioner's pension
case to enable him to get benefit under Government Resolutions dated
26.02.2014 and 27.12.2018.
4. On 05.01.2022 after hearing the learned counsel this Court
had directed the respondent no.4 to re-construct the service record of the
petitioner to facilitate preparation of the service book. Accordingly, it is
informed today that the petitioner's service book has now been prepared
and further steps could be taken to examine the entitlement of the
petitioner for grant of benefits sought by him.
WP 7853-19 3 Judgment
5. Accordingly, the following directions are issued in the interest
of justice:
The respondent no.4 shall forward the pension papers of the
petitioner alongwith all necessary documents to the respondent nos.2 and
3 within a period of three weeks from today. The respondent nos.2 and 3
shall take a decision on the said pension case in the light of Government
Resolutions dated 26.02.2014 and 27.12.2018 within a period of four
weeks from receipt of the pension papers. The decision taken be
accordingly communicated to the petitioner thereafter. All other aspects
raised in the petition regarding grant of interest are kept open for
consideration at the appropriate stage.
6. With these directions, the writ petition is disposed of. Rule
accordingly. No costs.
(SMT. PUSHPA V. GANEDIWALA, J.) (A.S. CHANDURKAR, J.)
APTE
Signed By: Digitally signed
byROHIT DATTATRAYA
APTE
Signing Date:18.01.2022 16:13
