Ramchandra Raghunath Patil vs Union Of India Thr The Secretary Of ...
2023 Latest Caselaw 4359 Bom

  2023:BHC-AS:12906-DB

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                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
 TRUSHA                                    CIVIL APPELLATE JURISDICTION
 TUSHAR
 MOHITE
Digitally signed by
TRUSHA TUSHAR
MOHITE
Date: 2023.04.28
                                               WRIT PETITION NO. 12855 OF 2022
12:29:59 +0530



                      Ramchandra Raghunath Patil                               ..... Petitioner

                               Vs.

                      Union of India an Ors.                                   ..... Respondents


                      Mr.Sanjeev Sawant a/w Mr.B.K.Barve, Mr.Sandeep Barve, Ms.Sonali
                      Patil, Mr.Santosh Wagh i/b M/s.B.K.Barve and Co. for the Petitioner

                      Ms.Vaishali Choudhari for the Respondent (Union of India)

                                                            CORAM:    S.V.GANGAPURWALA, ACJ &
                                                                      SANDEEP V. MARNE, J.

DATED : APRIL 27, 2023

P.C.

1. We have heard the learned Counsel for the Petitioner and the

Respondents.

2. It appears that on the date, the Petitioner was appointed he

was covered by the CPF Scheme. The petitioner is working prior to

the circulars dated 13th October, 1982 and 1st May, 1987. The

petitioner, after the Pension Scheme was introduced did not submit

his option. According to this petitioner as the option was not

submitted, deemed effect is to be given and he is to be considered

under the Pension Scheme.

3. Reliance is placed on the judgment of the Division Bench of

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this Court in Writ Petition No.1331 of 2017 (Amita Ajit Desai & Ors.

Vs. Union of India & Ors.) dated 17th January, 2019.

4. The learned counsel for the Respondents/UoI does not dispute

that the present petitioners are similarly situated as the petitioner

in Writ Petition No. 1331 of 2017.

5. The learned Counsel for the Respondents further submits that

the Petitioner is guilty of delay and latches. No explanation has

been given for the delay. The Petitioner is the fence-sitter. It is only

after this court passed order in Writ Petition No. 1331 of 2017

(Amita Ajit Desai & Ors. Vs. Union of India & Ors.) dated 17th

January, 2019, thereafter the Petition is being filed.

6. It is submitted that the judgment and order of this Court in

Writ Petition No. 1331 of 2017 is also confirmed by the Apex Court

and the SLP filed against the said judgment was dismissed on

23rdAugust, 2019.

7. As the Petitioner is similarly situated as the Petitioner in Writ

Petition No.1331 of 2017, certainly, we will follow the same course

of action. Hence, we pass the following order:

(i) It is held and declared that the Petitioner would be

entitled to be governed by the Central Civil Services (Pension)

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Scheme, 1972.

(ii) The Petitioner would be paid Pension from the month of

June, 2023 onwards.

(iii) The arrears of Pension shall be paid within a period of six

months. However, the arrears will not carry any interest.

(iv) Respondent employer is entitled to recover the

employer's contribution towards CPF along with simple interest

@ 8% p.a. thereon, from the arrears of pension that would be

payable to the Petitioners.

(v) Writ Petition is accordingly disposed of.

(SANDEEP V. MARNE, J)                              (ACTING CHIEF JUSTICE)




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