Shri. Noharalal S/O Sheoprasad ... vs The State Of Maharashtra, Through ...
2022 Latest Caselaw 10423 Bom

                                                                                              WP.1600.20.J
                                                       1


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

                                                      ...

WRIT PETITION NO. 1600/2020

Shri Noharalal s/o Sheoprasad Shribhadre Aged about 58 years, occu: Retired Headmaster R/o Adarsha Colony, Ring Road Near Bharati Jain Mandir Tah. & Dist.Gondia. ..PETITIONER

versus

1. The State of Maharashtra Through its Principal Secretary Department of Education Mantralaya, Mumbai-32.

2. Deputy Director of Education Nagpur Region, Nagpur.

3. Education Officer (Secondary) Zilla Parishad, Tahsil and Dist. Gondia.

4. Shree Samarth New Education Gondia Through its Secretary, Railtolly Tah. & Dist.Gondia. .. RESPONDENTS

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

Mr S.K.Pardhy, Advocate for petitioner Mr. K.L.Dharmadhikari, A.G.P. for respondent nos. 1 to 3 Respondent No.4 served.

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

CORAM: SUNIL B. SHUKRE & ANIL L. PANSARE, JJ DATED : 10th October, 2022.

WP.1600.20.J

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

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

with consent.

2. Mr.S.K.Pardhy, learned counsel for the petitioner submits

that under the Maharashtra Civil Services (Pension) Rules, 1982 there is

no power conferred upon the Respondent-State Government to

withhold or withdraw the pension and pensionary benefits and,

therefore, there cannot be any denial of pension and pensionary

benefits to the petitioner. He also submits that since similar position

obtains in the case of Bihar Pension Rules, 1950, the law laid down by

the Hon'ble Supreme Court, in the case of State of Jharkhand and

others vs. Jitendra Kumar Srivastava and another, reported in 2013

(12) SCC 210 squarely applies to this case.

3. Mr. K.L. Dharmadhikari, learned AGP fairly concedes the

legal position as explained by the learned counsel for the petitioner.

4. In view of the above, the writ petition is allowed. The

respondents are directed to ensure that pension and pensionary benefits

as per the entitlement of the petitioner are made available to the WP.1600.20.J

petitioner in accordance with law, at the earliest and, in any case, within

four months from the date of receipt of this order.

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

                  JUDGE                            JUDGE

sahare




                                                           Digitally Signed ByNARENDRA
                                                           BHAGWANTRAO SAHARE
                                                           Location:
                                                           Signing Date:11.10.2022 10:10